Privacy Notice, Terms and Conditions

Effective: Date: July 12th, 2021

INTRODUCTION

This Privacy Policy (“Privacy Policy”) describes the data protection practices of Med Group, RxAdam and RxEve and its affiliates, including RxAdam and RxEve (collectively, “Rx,” “we,” “our,” or “us”), including when you visit any RX website that links to this Privacy Policy (including ww.medgroupus.com, http://www.RXadam.com, www. RXeve.com, www.rxadamandeve.com (collectively, our “Websites”), use any affiliated mobile applications (the “Apps”), or otherwise data to RX. We refer to the Websites, Apps, and other services by RX together in this Privacy Policy as the “Services.” This Privacy Policy is incorporated into our Terms of Use. All capitalized terms used in this Privacy Policy but not defined herein have the meanings assigned to them in the Terms of Use.

If you are a California resident, to see our Privacy Information for California Residents.

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES.

This Privacy Policy contains the following sections:

    The Information We Collect and the Sources of Such Information

    Purposes for How We Use Your Information

    Online Analytics and Advertising

    How We Share and Disclose Your Information

    Your Marketing Choices

    Third-Party Services and Notice About Health Information

    How we protect Your Information

    Privacy Information for California Residents

    Privacy Information for Nevada Residents

    Retention of Your Information

    Revisions to Our Privacy Policy

    Contacting Us

THE INFORMATION WE COLLECT AND THE SOURCES OF SUCH INFORMATION

We obtain information about you through the means discussed below when you use the Services. Please note that we need certain types of information so that we can provide the Services to you. If you do not provide us with such information or ask us to delete it, you may no longer be able to access or use part or all our Services.

  1. Information You Provided to Us
    1. We collect a variety of information that you provide directly to us. For example, we collect information from you through:
  • Account and Product registration and administration of your account
    • Processing your orders and requests for treatment
    • Questions, communications, or feedback you submit to us via forms or email.
    • Your participation in research and surveys
    • Requests for customer support and technical assistance, including through online chat functionalities.
    • Uploads or posts to the Services
    • Employment applications you submit.
  1. The specific types of information we collect will depend upon the Services you use, how you use them, and the information you choose to provide. The types of data we collect directly from you includes:
  • Name, address, telephone number, date of birth, and email address
    • Information about your medical conditions, treatment options, physician referrals, prescriptions, and lab results or other related health information, such as your physical and emotional characteristics
    • Log-in credentials if you create an account.
    • Billing information, such as shipping address, credit or debit card number, verification number, expiration date, and identity verification information, collected by our payment processors on our behalf.
    • Information about purchases or other transactions with us
    • Information about your customer service and maintenance interactions with us
    • Demographic information such as your gender and age
    • User-generated content you post in public online forums on our Services.
    • Any other information you choose to directly provide to us in connection with your use of the Services.

      2. Information We Collect Through Automated Means

  1. We collect certain information about your use of the Services and the devices you use to access the Services, as described in this Section. As discussed further below, we and our service provider (which are third-party companies that work on our behalf) may use a variety of technologies, including cookies and similar tools, to assist in collecting this information.
  • Our Websites. When you use our Websites, we collect and analyze information such as your IP address, browser types, browser language, operating system, the state or country from which you accessed the Services, software and hardware attributes (including device IDs) referring and exit pages and URLs, platform type, the number of clicks, files you download, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the terms you use in searches on our sites, the date and time you used the Services, errors logs, and other similar information.
  • Our Apps. When you use our Apps, we automatically receive certain information about the mobile phone, tablet, or computer used to access the Apps, including a mobile device identifier, IP address, operating system, version, Internet service providers, Browser type, domain name and other similar information, whether and when you update the Apps, date and time of use, and how you use the Apps, including time spent in different portions of the Apps.
  • Location Information. When you use the Services, we and our service provider’s may automatically collect general location information (e.g., IP address, city/state, and or postal code associated with an IP address) from your computer or mobile device. This information allows us to enable access to content that varies based on a user’s general location (e.g., to provide you with accurate sales tax information and to deliver content customized to your location).
  • We will ask your permission before collecting your precise GPS location information. In such instances, we will use your precise geo-location information to provide customized services, content, promotional offers, and other information that may be of interest to you. If you no longer wish for us and our service providers to collect and use GPS location information, you may disable the location features on your device. Please see your device manufacturer settings.
  • Our Use of Cookies and Similar Online Tools. To collect the information discussed in this Section, we, and our service providers use web server logs, cookies, tags, SDKs, tracking pixels, and other similar tracking technologies. We use these technologies to offer you a more tailored experience.
  • A web server log is a file where website activity is stored.
  • An SDK is a set of tools and/or code that we embed in our Apps and software to allow third parties to collect information about how users interact with the Services.
  • A cookie is a small text file that is placed on your computer or mobile device when you visit a site, that enables us to: (i) recognize your computer/device; (ii) store your preferences and settings; (iii) understand the parts of the Services you have visited and used; (iv), enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests; (v) perform searches and analytics; and (vi) assist with security and administrative functions.
  • Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronics tags with a unique identifier embedded in websites, online ads, and/or email that are designed to (1) collect usage information like ad impressions or clicks and email open rates; (2) measure popularity of the services and associated advertising; and (3) access user cookies.
  • As we adopt additional technologies, we may also gather information through other methods.
  • Please note that you can change your settings to notify you when a cookie is being set or updated or block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services.
  • Information We Collect from social media and Other Content Platforms
  • When you “like” or “follow” us on Facebook, Instagram, Twitter, or other social media sites, we may collect some information from you, including your name, email address, and any comments or content you post relevant to us. We also collect your information if you sign up for one of our promotion’s or submit information to us through social media sites.
  • Information We Receive Frame Other Sources
  • We work closely with third parties (including, for example, third-party intermediaries, such as the physicians, medical professionals, and pharmacies with whom we partner to provides you with the Services and their health care services, sub-contractors in technical, advertising networks, analytics provider’s, and search information provider’s). Such third parties will sometimes provide us with additional information about you.

3. PURPOSES FOR HOW WE USE YOUR INFORMATION

  1. In connection with providing you with the Services, we may use your information for our business purposes to:
    1. Carry out, improved, and manage the Services and, as applicable, facilitate the provisions of health care services to you by physicians or other health care provider’s and ensure that the physicians or health care providers have the services and support necessary for health care operations.
    1. Engage in internal research to understand the effectiveness of our Services, improved our Services, and better understand our user base. If we publish or provide the results of this research to others; In that case such research will be presented in a de-identified and aggregate form such that individual users cannot be identified.
    1. Communicate with you about the Services, your use of the Services, or your inquiries related to the Services and send you communications on behalf of physicians or other health care providers utilizing the Services to meet your needs.
    1. Communicate with you by email, postal mail, or phone about surveys, promotion’s, special events, or our products and services and those of our subsidiaries, affiliates, and parent companies and any of their related businesses and those of our third-party partners.
    1. Provide you with technical support and customer service.
    1. Verify your identity and administer your account, including pressing your payments and fulfilling your orders.
    1. Ensure that content from our Services is presented in the most effective manner for you and for your computer or device, allow you to participate in interactive features of our Services (when you choose to do so), and as part of our efforts to keep our Services safe and secure.
    1. Measure or understand the effectiveness of advertising and content we serve to you and others and deliver and customize relevant advertising and content to you.
    1. Help us better understand your interests and needs, such as engaging in analysis and research regarding the use of the Services.
    1. Comply in good faith with any Procedures, laws, and regulations which apply to us where it is necessary for our legitimate interests or the legitimate interests of others.
    1. Establish, exercise, or defend our legal rights where it is necessary for our legitimate interests or the legitimate interests of others.
    1. Combined Information. For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use and share such combined information in accordance with this Privacy Policy.
    1. Aggregate/De-Identified Data. We may aggregate and/or de-identify any information collected through the Services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors.

4. ONLINE ANALYTICS AND ADVERTISING

  1. Online Analytics
  1. We may use third-party web analytics services (such as those of Google Analytics (including Google Signals, Google User-ID, and other Google Analytics features) and MixPanel) on our Services to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; try to locate the same unique users across multiple browser’s or devices to better tailor services and features, and provide certain features to you. If you have a Google account with personalized advertising enabled, through Google Signals, Google will also be able to gather for us analytics and engagement information from across the various devices you use to access the Services. To prevent Google from using your information for analytics (including cross-device tracking for personalization purposes), you may install the Google Analytics Opt-out Browser Add-on by clicking here. And to opt-out of Google Signals, please open your “Settings” app, locate, and tap “Google,” select “Ads,” and turn ON “Opt out of Ads Personalization.” You may also be able to disable cross-device tracking through your Android or Apple device-based settings.
  • If you receive an email from us, we may use certain analytics tools, such as clear GIFs, to capture data, such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.
  • Online Advertising
  1. The Services may integrate third-party advertising technologies (e.g., ad networks and ad servers such as Facebook, Google Ad Words, Criteo, and others) that use cookies and other technologies to deliver relevant content and advertising for RX products on the Services, as well as on other websites you visit and other applications you use. The ads may be based on various factors such as the content of the page you are visiting, information you enter such as your searches, demographic data, and other information we collect from you. These ads may be based on your current activity or your activity over time and across other websites and online services.
  • We sometimes provide our customer information (such as email addresses) to service provider’s, who may “match” this information in de-identified form to cookies (or mobile ad identifiers) and other proprietary IDs in order to provide you with more relevant ads when you visit other websites and mobile applications.
  • We neither have access to nor does this Privacy Policy govern the use of cookies or other tracking technologies that may be placed on your device you use to access the Services by non-affiliated third-party advertising network services. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out Link, the Digital Advertising Alliance’s Consumer Opt-Out Link, or Your Online Choices to opt-out of receiving tailored advertising frame companies that participate in those programs. If you are interested in more information about Criteo’s privacy practices or opting-out of Criteo’s advertising services, you may view their Privacy Policy. To opt-out of Google Analytics for display advertising or customize Google display network ads, visit the Google Ads Settings page. We do not control these opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.
  • Please note that if you exercise the opt out choices above, you will still see advertising when you use the Services, but it will not be tailored to you based on your online behavior over time.

c. Mobile Advertising

  1. When using mobile applications from us or others, you may also receive tailored in-application advertisements. We may use third-party service providers to deliver advertisements on mobile applications or for mobile application analytics. Each operating system, iOS for Apple phones, android for android devices, and Windows for Microsoft devices, provide its own instructions on how to prevent the delivery of tailored in-application advertisements. We do not control how the applicable platform operator allows you to control receiving personalized in-application advertisements; thus, you should contact the platform providers for further details on opting out of tailored in-application advertisements. You may review the support materials and/or the device settings for the respective operating systems to opt-out of tailored in-app advertisements.

d. Notice Concerning Do Not Track

  1. Do Not Track (“DNT”) is a privacy preference that users can set in a certain web browser. We are committed to providing you with meaningful choices about the information collected on our website for third – party purposes. That is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals.

5. HOW WE SHARE AND DISCLOSE YOUR INFORMATION

  1. We may share your information for our business purposes in the following ways:
  • Affiliates and Subsidiaries. We may share information we collect within any RX member or group (i.e., our subsidiaries and affiliates, including our ultimate holding company and its subsidiaries) to deliver products and services to you, ensure a consistent level of service across our products and services, and enhance our products, services, and your customer experience.
  • Health Care Providers and Services. We share your information with health care Providers:
    • (i) to schedule and fulfill appointments and provide health care services as part of the Services, (ii) to whom you send messages through our Services, and (iii) for other treatment, payment, or health care operations purposes, including pharmacy services, upon your request.
  • Service providers. We provide access to or share your information with select third-parties who use the information to perform services on our behalf. They provide a variety of services to us, including billing, sales, marketing, advertising, analytics, research, customer service, shipping and fulfillment, data storage, IT and security, fraud prevention, payment processing, and auditing and legal services. These entities may also include health care organizations, pharmacies, and other third parties we use to support our business or in connection with the administration and support of the Services.
  • Protection of RX and Others. By using the Services, you acknowledge and agree that we may access, retain and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention, or disclosure is reasonably necessary to (a) comply with legal process (e.g., a subpoena or court order); (b) enforce our Terms of Use, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; and/or (e) Protect the rights, property or personal safety of RX, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, spam/malware prevention, and similar purposes.
  • Business Transfers. As we continue to develop our business, we may buy, merge, or partner with other companies. In such transactions (including in contemplation of such transactions), user information may be among the transferred assets. If a portion or all our assets are sold or transferred to a third-party, customer information (including your email address) would likely be one of the transferred business assets. If such transfer is subject to additional mandatory restrictions under applicable laws, we will comply with such restrictions.
  • Public Forums. Certain features of our Services make it possible for you to share comments publicly with other users. Any information you submit through such features is not confidential, and we may use it for any purpose (including in testimonials or other marketing materials). For example, if you submit a product review on one of our sites, we may display your review (along with the name provided, if any) on other RX websites and third-party websites. Any information you post openly in these ways will be available to the public at large and potentially accessible through third-party search engines. Accordingly, please take care when using these features.
  • Consent. We may also disclose your information in other ways you direct us to and when we have your consent.
  • Aggregate/De-Identified Information. We reserve the right to create Aggregate/De-Identified Data from the information we collect through the Services. Our sharing of such Aggregate/De-Identified Data is at our discretion.

6. YOUR MARKETING CHOICES

  1. You may instruct us not to use your contact information to contact you by email, postal mail, or phone regarding products, services, promotions, and special events that might appeal to your interests by contacting us using the information below. In commercial email messages, you can also opt out by following the instructions at the bottom of such emails. Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt-out of certain operational emails, such as those reflecting our relationship or transactions with you.

7. THIRD-PARTY SERVICES AND NOTICE ABOUT HEALTH INFORMATION

  1. This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices, including data privacy and security Process and standards of any third parties, including physicians and other health care provider’s using the Services, the manufacturer of your mobile device and other IT hardware and software, and any other third-party mobile application, website, or service to which our Services may contain a link. These third parties may at times gather information from or about you. We have no controls over the privacy practices of these third parties. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party websites or services and not this Privacy Policy. We urge you to read the privacy and security policies of these third parties.

8. HOW WE PROTECT YOUR INFORMATION

  1. RX takes a variety of technical and organizational security measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, or access. However, no method of transmission over the Internet, and no means of electronics or physical storage, is secure. As such, you acknowledge and accept that we cannot guarantee the security of your information transmitted to, through, or on our Services or via the Internet and that any such transmission is at your own risk.
  • Where we have given you (or where you have chosen) a password that enables you to access the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. The information you share in public areas may be viewed by any user of the Services.

9. PRIVACY INFORMATION FOR CALIFORNIA RESIDENTS

  1. If you are a California resident, California law requires us to provides you with some additional information regarding how we collect, use, and share your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).
  • Categories of personal information we collect and disclose. Throughout this Policy, we discuss in detail the specific pieces of personal information we collect from and about our users. Under the CCPA, we are also required to provide you with the “categories” of personal information we collect and the categories of third parties to which we disclose personal information. Please note that some of the information we collect through the Services (e.g., medical information) is subject to various health data privacy laws and is therefore not subject to the CCPA. See the following chart to understand more about the categories of personal information we collect that are subject to the CCPA and the third parties to which we disclose it:
  • Category of Personal Information Categories of Third Parties to Which We Disclose.
  • Identifiers and contact information (e.g., name, address, email address, account names)     Service provider’s; our affiliates; health care provider’s and services; entities for legal and fraud prevention.
  • Commercial and transactional information (e.g., information about your purchases)     Service provider’s; our affiliates; health care provider’s and services; entities for legal and fraud prevention
  • Financial information (e.g., credit card info collected by our payment processor)     Payment processors; service provider’s; our affiliates; entities for legal and fraud prevention.
  • Internet or other network or device activity (e.g., IP address, browsing history, app usage)     Service provider’s; our affiliates; entities for legal and fraud prevention.
  • Geolocation information (e.g., general location and precise location, with your permission)      Service provider’s; our affiliates; entities for legal and fraud prevention
  • Demographic and statistical data (e.g., your gender, interests based on products and services you use)       Service provider’s; our affiliates; entities for legal and fraud prevention.
  • Physical characteristics (e.g., photos of you)    Service provider’s; our affiliates
  • User-generated content (e.g., information you choose to post in our online forums)     Service provider’s; our affiliates; entities for legal and fraud prevention.
  • Customer service data (e.g., information you provide through a chat or call with RX’s Care Team)       Service provider’s; our affiliates; health care provider’s and services; entities for legal and fraud prevention.
  • The business purposes for which we use the personal information we collect are manage, facilitate, and improved the Services; research, marketing, and analytics; communicate with users; technical support and customer service; security and fraud prevention; and legal compliance and defense. For more detailed information about how we use and share your personal information, please see the “Purposes for How We Use Your Information” and “How We Share and Disclose Your Information” sections of this Policy above.
  • Your California Privacy Rights
  • CCPA Rights Disclosure. If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to:
  1. Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and third parties with whom we share/disclose personal information.
    1. Provides access to and/or a copy of certain information we hold about you.
    1. Delete certain information we have about you.
  • The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights.
  • Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide the Services to you. We also will take reasonable steps to verify your identity before responding to a request.
  • If you are a California resident and you would like to exercise any of your data rights under California law, to submit your request through our web form. Alternatively, you can email us at info@rxadam.com. Please include your full name, email address, and residential address associated with your use of our Services, along with the rights you would like to exercise, so that we can process your request in an efficient manner. If you would like to receive a copy of your medical history in connection with your request, please indicate that in your email message. By requesting your medical history in this way, you are agreeing to receive your medical record in an unencrypted email message.
  • Sale of Personal Information. RX does not, and will not, sell information that identifies you, such as your name, email address, phone number, or postal address. Like many companies with an internet presence, we do work with third parties that provide marketing and advertising services to us, including interest-based advertising services, and these third parties may place tags, pixels, cookies, beacons, and other similar tracking mechanisms on our Website and App and collect your online identifiers. Because of the CCPA’s broad definitions of “sale” and “personal information,” making certain online identifiers available to these companies so that they can provide marketing and advertising services to RX may be considered a “sale” under the CCPA. To opt-out of sharing your information with participating third parties for interest-based advertising, please visit the Network Advertising Initiative’s Consumer Opt-Out Link, the Digital Advertising Alliance’s Consumer Opt-Out Link, and Your Online Choices. Please note that these opt-outs are device and Browser-based, so you will need to opt-out on each of your devices and Browsers. For more information, see the Online Analytics and Advertising Section above.
  • Shine the Light Disclosure. The California Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.

9. PRIVACY INFORMATION FOR NEVADA RESIDENTS

  1. Under Nevada law, certain Nevada consumers may opt-out of the sale of “personally identifiable information” for monetary consideration (as such terms are defined under Nevada law) to a person for that person to license or sell such information to additional persons. We do not engage in such activity; however, if you are a Nevada resident who has purchased services from us, you may submit a request to opt-out of any potential future sales under Nevada law by info@rxadam.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

10. RETENTION OF YOUR INFORMATION

  1. We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.

11. REVISIONS TO OUR PRIVACY POLICY

  1. We reserve the right to change this Privacy Policy at any time to reflect changes in the law, our data collection, and use practices, the features of our Services, or advances in technology. We will make the revised Privacy Policy accessible through the Services, so you should review it periodically. The date this Privacy Policy was last revised is identified at the top of the document. You are responsible for periodically monitoring and reviewing any updates to the Privacy Policy. If we make a material change to the Privacy Policy, we will provide you with appropriate notice in accordance with legal requirements. Your continued use of our websites or Apps after such amendments (and notice, where applicable) will be deemed your acknowledgment of these changes to this Privacy Policy.

12. CONTACT US

  1. We can be contacted anytime through the following email address, fax or by phone for any concerns regarding your information privacy or HIPAA compliance or any practices mentioned in this privacy policy:
  • Office: 844.4RX.Adam
    • Fax: 1.888.352.4397
    • Email:info@rxadam.com

Information from You

example:

Applicant Information: information you provide in connection with career opportunities, such as your resume, cover letters and demographics.

Other Information You Provide: any other information you may provide to us directly through our websites for things like whitepapers or surveys, or through social media.

We collects other information online automatically when you visit our websites or applications, which may also be described in our Cookie Notice. This can include things like:

Device Information: including your IP address, browser types, operating system, device types and device IDs or advertising identifiers.

Usage Information: such as your browsing activity while on our websites or applications, what pages you visit and what you click, forms you complete or start to complete, search terms you use, whether you open emails and interact with content, access times, error logs and similar information.

We may also receive information about you from others, such as updated address information if we discover the information we have is no longer current.

How to Review and Change Your Personal Information

How We Use Personal Information That We Collect

We may use your personal information:

    as reasonably necessary and proportionate to fulfill the purposes for which the information was provided

    to provide information, products or services

    to audit and measure user interaction with our websites, so we can improve the relevancy or effectiveness of our content and messaging

    to develop and carry out marketing, advertising and analytics

    to provide texts or emails containing information about our products or services, or events or news, that may be of interest to recipients, as permitted by law

    to deliver content and products or services relevant to your interests, including targeted ads on third party sites

    to detect security incidents or monitor for fraudulent or illegal activity

    debugging to identify and repair errors

    to comply with laws, regulations or other legal process

We may also use your personal information to:

    provide you with the services and products you request or that have been ordered and/or requested by your healthcare provider;

    process or collect payments for our services

    respond to your questions and otherwise provide support you request.

If you are using our websites or applications in connection with our HIPAA covered services, please refer to our HIPAA Notice of Privacy Practices , which describes how we use and disclose your protected health information, our legal duties with respect to your protected health information, and your rights with respect to your protected health information and how you may exercise them. In connection with HIPAA covered services, in the event of conflict between this Notice and our HIPAA Notice of Privacy Practices, our HIPAA Notice of Privacy Practices will prevail.

How We Share Your Personal Information

We may share the information we collect as described below. When we share information, either within our company or with others, we take steps to require any recipients to uphold similar protections for information as that provided by Us.

We may share your personal information with other owned business entities.

Service Providers/Vendors/Third Parties. We work with others to manage or support some of our business operations and services. These entities may be located outside of your country of residence or the country in which you are located.

For Legal Purposes. We may disclose relevant information as may be necessary or required for legal, compliance or regulatory purposes. This includes, for example, disclosures that are required to: (i) respond to duly authorized information requests of police and governmental authorities; (ii) comply with any law, regulation, subpoena, or court order; (iii) investigate and help prevent security threats, fraud or other malicious activity; (iv) enforce/protect the rights and properties of Quest or its subsidiaries; (v) protect the rights or personal safety of Quest Diagnostics, our employees, and third parties; or protect the security of our websites, systems, information, premises or property.

For Corporate Transactions. From time to time we sell, buy, merge or otherwise reorganize our businesses. Those corporate restructuring situations may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers.

Otherwise with Your Consent. We may also share information about you with third parties if we ask you, and you provide, consent to such sharing.

Cookie Notice

Our websites, like almost all other websites, use cookies and other technologies to collect and share information. Please see our Cookie Notice for more information.

Keeping Your Information Secure

We have adopted physical, technical and administrative measures that are designed to prevent unauthorized access or disclosure, maintain data accuracy, and ensure appropriate use of personal information. We cannot, however, ensure or warrant the security of information. No security measures are infallible.

How can you help protect your information?

If you are using our website or application for which you registered and chose a password, you should not divulge your password to anyone. We will never ask you for your password in an unsolicited phone call or in an unsolicited email. Also remember to sign out of the website and close your browser window when you have finished your work.

Please note that unencrypted email is not a secure method of transmission, as information in such emails may be accessed and viewed by others while in transit to us. For this reason, we prefer that you not communicate confidential or sensitive information to us via regular unencrypted email. We will, however, honor patient requests for communications through unencrypted email.

Links to Other Sites

Our websites may contain links to other websites that we do not own or operate. If you access those links, you will leave our websites. We do not control those third party websites or their privacy practices, which may differ from ours. We do not endorse or make any representations about third-party sites, including about the content or security of those sites. The information you choose to provide to or that is collected by these third parties is not covered by this Privacy Notice. We therefore recommend that you review the privacy notice of any third party websites.

Children’s Privacy

We do not knowingly collect information from children (as defined by local law) and we do not target our websites or applications to children. If we learn that we have collected any information from children, we will delete it.

Additional Rights of Individuals in Certain Jurisdictions

Nevada: Please click here for information about and rights available to Nevada residents and how to exercise them.

California: Please click here for information about, and rights available to, California residents under the California Consumer Privacy Act (CCPA) and how to exercise them.

In addition to your CCPA rights, California’s “Shine the Light” law permits residents of California to annually request and obtain information free of charge about what personal information is disclosed to third parties for direct marketing purposes in the preceding calendar year. We do not disclose your personal information to third parties for the third parties’ own direct marketing purposes.

EU/European Economic Area/United Kingdom: If you are located in one of these locations, this Notice does not apply to you. Please click here to access the Data Protection Notice for Patients and other Individuals located in these areas.

EU-US Privacy Shield Framework

As further described in our Privacy Shield Notice, Quest Diagnostics and some of our US-based affiliated companies have certified to and comply with the Privacy Shield Framework to facilitate the transfer of personal data from the European Economic Area or the United Kingdom to the United States. For more information on Privacy Shield or to view our certification, please visit here.

Non-Discrimination Notice

We are Incorporated and our subsidiaries complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, or sex. Quest Diagnostics does not exclude people or treat them differently because of race, color, national origin, age, disability, or sex.

We the Company:

Provides language services free of charge to people whose primary language is not English, such as:

Qualified interpreters

Provides aids and services free of charge to people with disabilities to communicate effectively with us, such as:

Auxiliary aids and services

Written information in other formats (audio, accessible electronic formats, other formats)

If you believe that we have failed to provide these services or discriminated in another way on the basis of race, color, national origin, age, disability, or sex, you can file a grievance with:

info@ulabnow.com

You can file a grievance in person or by mail, fax, or email. If you need help filing a grievance, the Quest Diagnostics Civil Rights Coordinator is available to help you.

You can also file a civil rights complaint with the U.S. Department of Health and Human Services, Office for Civil Rights, electronically through the Office for Civil Rights Complaint Portal, available at https://ocrportal.hhs.gov/ocr/portal/lobby.jsf, or by mail or phone at:

U.S. Department of Health and Human Services

200 Independence Avenue, SW

Room 509F, HHH Building

Washington, D.C. 20201

1.800.368.1019, 800.537.7697 (TDD)

Language Assistance Services

Updates To This Privacy Notice

From time to time, we may change this Privacy Notice. If we make changes, we will revise the “Last Updated” date at the bottom of this Notice. We encourage you to review this Notice periodically to be sure you are aware of those changes. Changes will become effective as of the “Last Updated” date.

Date of Last Revision: 04/22/2021

Terms and Conditions

AMONG OTHER ACTIVITIES, RX’S SERVICES ENABLE COORDINATION AND COMMUNICATION WITH A HEALTH CARE PROVIDER. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN. THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES.

YOU UNDERSTAND THAT BY ACCESSING OR USING THE SITES OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MAY NOT USE THE SITES OR ANY SERVICES PROVIDED ON OR THROUGH THE SITES.

THE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.

INTRODUCTION

RxAdam and RxEve, and their respective affiliates (collectively, “Rx,” “we ”, “us”, or “our”) own and operate the websites located at http://www.Rxadam.com, http://www.Rxeve.com, and http://www.rxadamandeve.com, (collectively, the “Websites,” and collectively with any affiliated mobile application (“App”), the “Sites”). The Sites are intended to facilitate the provision of the Services to registered users. The “Services” may include (i) providing individuals with information on health care and wellness (“Content”); (ii) providing individuals with pharmacy services; (iii) providing individuals with access to technology-oriented tools for smoking cessation; (iv) development and gathering of health care records and health care information with retention of the same for use in health care provider appointments, communications, and pharmacy services; (v) administrative support in connection with scheduling, payment for health care provider services, and payment for pharmacy services; and (vi) telecommunications support for using the Services as a means of direct access to health care providers provided and similar affiliated professional entities for communication, consultations, assessments, and treatment by such health care organizations and their providers.

USE OF OUR SERVICES IS NOT APPROPRIATE FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM. This agreement is the user agreement (the “Agreement”) for RXADAM

. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of the Site. If you do not agree to be bound by the terms and conditions of this Agreement, do not access the Site or use the Services. As discussed below, we reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

PLEASE READ THE FOLLOWING CAREFULLY AS IT CONTAINS AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU MAY HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF SERVICE, PLEASE DO NOT USE OUR SERVICES OR ANY PRODUCTS ON THE SITE.

Medical Advice Disclaimer: AS FURTHER SPECIFIED HEREIN, YOU ACKNOWLEDGE AND AGREE THAT RXADAM DOES NOT PROVIDE ANY MEDICAL SERVICES NOR MEDICAL ADVICE AND DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR ENDORSEMENTS REGARDING ANY MEDICAL SERVICES OR ADVICE THAT YOU MAY OBTAIN THROUGH THE SITE AND/OR THE SERVICES. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE SITE. If you think you may have a medical emergency, call your doctor or your local emergency number immediately.

NO HEALTH CARE PROVIDER/ PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES. RXADAM IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER THIRD PARTY INFORMATION, SITE, PRODUCT, OR SERVICE THAT YOU PURCHASE OR ACCESS THROUGH THE SITE.

The inclusion of any health care provider on the Services shall not be considered as an endorsement of such health care provider by RxAdam and shall not in any way mean that RxAdam has conducted any due diligence or other investigation regarding the health care provider.

These terms and conditions of use (“Terms of Use”) describe your rights and responsibilities with regard to the RX Sites that you may use to receive Services. Your access to and use of the Sites is subject to these Terms of Use, our Privacy Policy, Privacy@rxadamandeve.com as well as all applicable laws and regulations. In these Terms of Use, the terms “you” and “yours” refer to the person using the Services. Even though you may have arrived at the Sites through a website or mobile application operated or controlled by a third party, including by an affiliate of RX, you understand and agree that these Terms of Use are entered into between you and RX. If you do not accept and agree to be bound by these Terms of Use, you are not authorized to access or otherwise use the Sites, Services, or any information or Content provided through the Sites or Services. The Sites and Services are continually under development, and RX reserves the right to review or remove any part of these Terms of Use at its sole discretion at any time and without prior notice to you. You should check the Terms of Use from time to time when you use the Sites or Services to determine if any changes have been made. Any changes to these Terms of Use are effective upon posting to the Sites. Unless otherwise indicated, any new Content added to the Services is also subject to these Terms of Use upon posting to the Sites. If you disagree with these Terms of Use, your sole and exclusive remedy is to discontinue your use of the Sites and/or Services. Your continued use after a change has been posted constitutes your acceptance of the changes.

AVAILABILITY

Certain of our Services are currently only available to individuals located in certain states.

ELIGIBILITY

In order to qualify to use the Services, the following must be true:

  • You are age 18 or over.
  • You are located in a State Where We Operate (depending on the type of Services).
  • You agree to be legally bound by and comply with these Terms of Use.

You understand and agree that satisfying the above requirements does not guarantee that you will receive Services through RX. In addition to the above requirements, RX and certain affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.

REQUIREMENTS FOR USE

You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Sites. Fees and charges may apply to your use of  mobile services and to the Internet.

You agree to use the Services only to help you find a health care provider for yourself or another person. You are solely responsible for all images, information, data, text, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. You will ensure that all content you upload or share complies with all applicable laws, rules and regulations, is appropriate and non-offensive, and that you have all necessary rights to use, share, and/or upload such content, without infringing any third party rights. We reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service in a manner that we determine, in its sole discretion, is illegal or improper.

SPECIAL CONSENT TO TELEHEALTH SERVICES

Telemedicine involves delivering of health care services using electronic communications, information technology, or other means between a health care provider and a patient who is not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up, and/or related patient education and may include, but is not limited to:

  • Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider;
  • Interactions between a patient and health care provider via audio, video, and/or data communications; and
  • Use of output data from medical devices, sound, and video files.

The electronics systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information and imaging data and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.

Please see our Consent to Telehealth available on the Sites for a description of the risks and benefits of telemedicine. The Consent to Telehealth is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.

Some of our Services may include a tele-health online solution that allows participating medical professionals and health care staff (“Providers”) to communicate with their clients, customers and/or patients (collectively, “Patients”) to provide health care related services online and perform virtual house calls via Internet connection. We are not responsible for internet connectivity or lack thereof or problems or issues related to the use thereof. We are not a medical service provider, health insurance company, nor licensed to sell health insurance. The Services are not intended for use by Providers and/or Patients in connection with active patient monitoring so as to allow immediate clinical action or continuous monitoring.

The Providers who deliver services through our Service are independent professionals practicing within a group of independently owned professional practices. We do not practice medicine or any other licensed profession, and do not interfere with the practice of medicine or any other licensed profession by Providers, each of whom is responsible for his, her or their services and compliance with the requirements applicable to his/her/their profession and license.

Information provided by Providers and/or Patients is merely transmitted via the Services, not verified or endorsed by us, and is provided on an “as-is” basis and we disclaim all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. We shall in no event be liable to you or to anyone for any decision made or action taken by any party (including, without limitation, any Service user) in reliance on information about Providers or Patients on the Service.

You hereby certify that you are not a Medicare or Medicaid beneficiary. If you provide false or deceptive information to us, including without limitation regarding your Medicare or Medicaid enrollment status, we reserve the right to terminate all current or future use of the Services by you.

A health care provider’s ability to use our services is not an endorsement or recommendation of that health care provider by us. Neither we nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice you obtain from a Provider via the Services. The medical advice provided by your Provider is not under our control, nor is it provided to you by us. If you are a Patient, you accept responsibility for yourself in the use of the Services. You acknowledge that your relationship for health care services is with your health care provider, and your obtaining services from the Provider is solely at your own risk and you assume full responsibility for all risk associated therewith, to the extent permitted by law. By using the Service, you agree to not hold us liable in any way for any malpractice or substandard treatment the Provider may render.

We do not confirm the credentials of Providers using our Services and do not validate that they are in good standing with their respective licensure board(s). The Providers utilizing or featured on the Service are subscribers to and licensees of the Service and not our employees. Any opinions, advice, or information expressed by a health care facility, professional or specialist or other Provider using or featured on the Service are of the facility, professional, specialist or other Provider alone. They do not reflect our opinions.

We do not recommend or endorse any specific tests, Providers, products, procedures, medications, devices, opinions, or other information that may be mentioned on the Service or by a Provider or licensee of ours. We do not make any representations or warranties about the training or skill of any Providers who provide services via the Service. You will be provided with a list of available providers located in the U. S. based solely on the information you provide to us. You are ultimately responsible for choosing your particular Provider. The inclusion of Providers on the Service or in any professional directory located on the Service does not imply recommendation or endorsement of such Provider nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Provider contained therein.

To the extent medical advice is provided to you by a Provider through the Services, such medical advice is based on your personal health data as provided by you to the Provider and the local standards of care for your presenting symptoms, based on the information you provide.

Patients may be required to provide certain Personal Information, including: name, date of birth, gender, address, email, mobile and work phone, as well as a user id and password. Patients may also provide certain optional information, including middle name or initial, home phone and other contact info, pharmacy name and contact details, picture and communications preferences. In addition, the Patient can communicate other health-related information to the Provider during a video consultation via the Services. Optional information is not required to register for an account but may be helpful to us in providing you with a more customized experience when using the Site or its Services.

The use of the Service by any entity or individual to verify the credentials of Providers is prohibited.

INFORMED CONSENT & RISKS. As with any medical procedure, there are potential risks associated with the use of telemedicine or any other Services. We believe that the likelihood of these risks materializing is very low. These risks may include, without limitation, the following: Delays in medical evaluation and consultation or treatment may occur due to deficiencies or failures of the equipment which may include poor video and data quality. Security protocols could fail, causing a breach of privacy of personal medical information. Lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other negative outcomes.

You understand that the laws that protect privacy and the confidentiality of medical information also apply to telemedicine. You understand that telemedicine may involve electronic communication of your personal medical information to medical practitioners who may be located in other areas, including out of state. You understand that you may expect the anticipated benefits from the use of telemedicine, but that no results can be guaranteed or assured. You understand that all information will be part of your medical record and available to you by printing the summary from the visit. This information will have the same restrictions on dissemination without your consent. Except to the extent already relied upon, you understand you may withdraw your consent at any time by contacting us as set forth herein to withdraw your consent and inactivate your account. You understand that your healthcare information may be shared with other individuals for treatment, payment and healthcare operations purposes. Psychotherapy notes are maintained by clinicians but are not shared with others, while billing codes and encounter summaries are shared with others. If you obtain psychotherapy services, you understand that your therapist has the right to limit the information provided to you if in your therapist’s professional judgment sharing the information with you would be harmful to you. You further understand that your healthcare information may be shared in the following circumstances: When a valid court order is issued for medical records. Reporting suspected abuse, neglect, or domestic violence. Preventing or reducing a serious threat to anyone’s health or safety.

BY USING THE SERVICES AND/OR AGREEING TO THESE TERMS, YOU AGREE AND CONSENT THAT YOU HAVE READ AND UNDERSTAND THE INFORMATION PROVIDED HEREIN, AND UNDERSTAND THE RISKS AND BENEFITS OF TELEMEDICINE, AND BY ACCEPTING THESE TERMS OF USE YOU HEREBY GIVE MY INFORMED CONSENT TO PARTICIPATE IN A TELEMEDICINE VISIT UNDER THE TERMS DESCRIBED HEREIN. YOU ARE CONSENTING TO RECEIVING CARE VIA THE SERVICE. THE SCOPE OF CARE WILL BE AT THE SOLE DISCRETION OF THE PROVIDER WHO IS TREATING YOU, WITH NO GUARANTEE OF DIAGNOSIS, TREATMENT, OR PRESCRIPTION. THE PROVIDER WILL DETERMINE WHETHER OR NOT THE CONDITION BEING DIAGNOSED AND/OR TREATED IS APPROPRIATE FOR A TELEHEALTH ENCOUNTER VIA THE SERVICE.

PRIVACY POLICY

RX understands the importance of confidentiality and privacy regarding your health information. Please see: (1) our Privacy Policy available on the Sites http://www.RXadam.com/privacypolicy for a description of how we may collect and use your personal information, and (2) the RX Professional’s Notice of Privacy Practices applicable to affiliated professional entities for a description of how these entities may use and disclose your medical information and how you may access that information. The Privacy Policy and RX professional’s Notice of Privacy Practices are hereby incorporated into these Terms of Use by reference and constitute a part of these Terms of Use.

YOUR RELATIONSHIP WITH RX

RX does not provide any medical services, including via the Sites and Services. Instead, RX provides a technology platform for you to access a health care provider employed or contracted with affiliated professional entities and obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness. The health and wellness resources made available through our Services are not a substitute for direct in-person health care services in all cases. The decision to focus on diagnosis, treatment recommendations, or both rests with you and the health care provider. You understand that by coordinating and, in certain cases consulting with our affiliate health care provider through the Services, you are not entering into a provider-patient relationship with RX.

By accepting the Terms of Use, you agree and consent to RX, RX affiliates, or health care providers sending you disclosures, notices, messages, reports, and other communications. It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold us or any RX affiliate liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or for your failure to comply with any treatment recommendations contained in these communications.

CONSULTATIVE SERVICE

In some cases, a affiliated health care provider may use the Services to provide advice or treatment to you. A health care provider consulting with you through the Services may not have the benefit of information that would be obtained by examining you in person and observing your physical condition in each instance. Therefore, the health care providers may not be aware of facts or information that may affect his or her opinion regarding a potential diagnosis or treatment recommendation. To reduce the risk to you of this limitation, RX strongly encourages you to provide all relevant information and discuss any and all diagnosis and treatment options with a health care provider. Moreover, a health care provider utilizing RX may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to engage the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) any diagnosis you may receive is limited and, in some cases, provisional; (ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a health care provider; (iii) a health care provider acting thorough the Services may not have important information that is usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical examination may affect the health care provider’s ability to diagnose any potential condition, disease or injury.

For more information regarding the health care services offered by health care providers utilizing the Services, please visit RXAdam.com.

Third Party Material: Under no circumstances will we be liable in any way for any content, materials or services of, or provided by or on behalf of, any third parties (including users or health care providers), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that We do not pre-screen content, but that RxAdam and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, RxAdam and its designees will have the right to remove any content that violates these Terms of Service or is deemed by RxAdam, in its sole discretion, to be otherwise objectionable. The Services help you find and source certain third party health care services provided by or on behalf of independent third party Providers not related to RxAdam. RxAdam does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such health care services nor the Providers. By using the Service, you agree to hold us free from the responsibility for any liability or damage that might arise out of the transactions involved. As a user, by posting any content in our directory, or letting us do the same, you give us license to use your content, including any content, information, and any names, etc., in promotion of our directory and Services.

NEITHER RXADAM NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY THIRD PARTY PROVIDER NOR ANY USER OF THE SERVICES. ANY INDIVIDUALS WHO PROVIDE ANY THIRD PARTY SERVICES ARE NOT EMPLOYEES NOR CONTRACTORS OF RXADAM, AND RXADAM IS NOT RESPONSIBLE FOR THEIR ACTIONS OR INACTIONS NOR FOR ANY SERVICES THEY PROVIDE (OR FAIL TO PROVIDE).

You acknowledge that the list of health care providers listed on the Service may not be a complete list of every health care provider within the specified specialty category or specified distance of the address specified and may not be updated on a regular basis even if we have been advised of incorrect or incomplete information. While we take commercially reasonable steps to ensure the information contained about a particular health care provider is accurate and complete, we rely on information reported by the health care provider, which might not be accurate, complete, and/or updated on a regular basis. We are not responsible for content or services descriptions from health care providers.

INDEMNITY AND RELEASE

You agree to release, indemnify, defend and hold RxAdam and its affiliates and its and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, liabilities, fines, fees, penalties, costs, expenses, including reasonable attorneys’ fees, arising out of or related to any allegations, rights, claims, actions of any kind arising out of or related to: (i) injury (including death) or damage to property caused by your or your agents’ action or inaction; (ii) your use of the Service, (iii) any User Content or any other content or materials you supply directly or indirectly, (iv) your connection to the Service, (v) your violation of these Terms of Service or this Agreement, or (vi) your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine. ANY OBLIGATION TO INDEMNIFY AN INDEMNITEE FOR ANY LOSS, LIABILITY OR EXPENSE ARISING FROM ANY NEGLIGENT, GROSSLY NEGLIGENT, RECKLESS, WILLFUL, FRAUDULENT OR INTENTIONAL CONDUCT COMMITTED BY ANY INDEMNITEE MAY NOT BE ENFORCEABLE AGAINST ANY VISITOR OF THE SERVICES TO THE EXTENT APPLICABLE LAW SO REQUIRES, SUCH AS FROM CERTAIN JURISDICTIONS (SUCH AS FROM NEW JERSEY).

WARRANTIES

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RXADAM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, PROVIDERS, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING IF RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE (INCLUDING WITHOUT LIMITATION ANY PROVIDER); OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL RXADAM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID RXADAM IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE THOUSAND DOLLARS ($1000).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM FLORIDA OR ANY OTHER STATE, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION AND RELEASE”, “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF FLORIDA. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF FLORIDA, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

DISPUTE RESOLUTION BY BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate: This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the Arbitration Agreement (“Arbitration Agreement”). You agree that any and all disputes or claims that have arisen or may arise between you and RxAdam, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and RxAdam are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND RXADAM AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND RXADAM AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

Pre-Arbitration Dispute Resolution: RxAdam is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at info@RxAdamandeve.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to RxAdam should be sent to us via mail as the address on the site states (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If RxAdam and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or RxAdam may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by RxAdam or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or RxAdam is entitled.

Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless RxAdam and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, RxAdam agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, RxAdam will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, RxAdam will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, RxAdam will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.

Future Changes to Arbitration Agreement: Notwithstanding any provision in these Terms of Service to the contrary, RxAdam agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending RxAdam written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

SITE CONTENT

Except for specific communications received from affiliate health care organizations and providers, none of the content you receive through the Sites should be considered medical advice.

REGISTRATION AND USER ACCOUNTS

Although certain parts of the Sites are accessible by any individual, you are obligated to register with RX in order to access the Services. The Services are available only to users who have registered with RX and to other persons affiliated with RX who have been granted accounts with usernames and passwords (“Secure Users”). If you are a Secure User, you agree to provide information that is accurate, complete, and correct, and to accurately maintain and update any information about yourself that you have provide to RX. If you do not maintain such information, or RX has reasonable grounds to suspect as much, RX has the right to suspend or terminate your account and your use of the Services. You also agree to immediately notify RX of any unauthorized use of your username, password, or any other breach of security that you become aware of involving or relating to the Services by emailing RX at care@RXADAM.COM RX may take any and all actions it deems necessary or reasonable to maintain the security of the Sites, Services, and your Secure User account.

You agree to keep confidential your username and password and to exit from your Secure User account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone or create more than one account. You may not use anyone else’s account at any time. RX explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You acknowledge and agree that: (1) all or any part of the Sites may not be accessible at any time, for any period, or for any reason; and (2) RX will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period.

‘JAILBREAKING’ THE MOBILE OPERATING SYSTEM

The App is intended for use only on a mobile phone that runs an unmodified manufacturer- approved operating system. Using the App on a mobile phone with a modified operating system may undermine security features that are intended to protect your protected health information from unauthorized or unintended disclosure. As a result, you may compromise your protected health information if you use the App on a mobile phone that has been modified. Use of the App on a mobile phone with a modified operating system is a material breach of these Terms of Use.

ACCESS RIGHTS AND PROHIBITED USE

Subject to your compliance with these Terms of Use, we hereby grant to you a personal, limited, revocable, non-exclusive, and non-transferable right to view, download, access, and use the Sites in the United States and to use the Services solely for your personal and non-commercial use and only as permitted under these Terms of Use, the Consent to Telehealth, and the Privacy Policy. No other right, title, or interest in or to the Sites is transferred to you, and all rights not expressly granted are reserved by RX or its licensors. We reserve the right, in our sole discretion, to deny or suspend the use of the Sites or Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (b) use the Sites or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Sites; (d) distribute, input, upload, transmit, or otherwise run or Propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Sites, or any other system, device, or property; (e) access or use the Sites in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party; (f) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Sites, Services or related materials in any way; (g) use or access the Sites to create or develop competing products or services or for any other purpose that is to RX’s detriment or commercial disadvantage; (h) take any action or use the Sites in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Sites or any content, in whole or in part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Sites or any computer network; (j) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by RX or any of our service providers to protect our Sites; (k) remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Sites or any content made available to you on or through our Sites; (l) use any manual process or automated device to monitor or copy any content made available on or through our Sites for any unauthorized purpose except as permitted by this section; (m) copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduces, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to RX or third-party content from the Sites; (n) otherwise use the Sites in any manner that exceeds the scope of use granted above; or (o) encourage or enable any other individual to do any of the foregoing.

OWNERSHIP OF INFORMATION SUBMITTED VIA THE SITES

With the exception of any personal data or information, you submit maintained in accordance with our Privacy Policy (which may be governed by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”) or related state-specific privacy laws and regulations), you understand and agree that any information you provide to RX on or through the Sites or Services, whether by direct entry, submission, email or otherwise, including, but not limited to, data, questions, comments, forum communications, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of RX and/or (i) similar affiliated professional entities, or (iii) individual health providers utilizing the Services.

Such information may be used for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcasts, and posting. RX shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to RX via the Services or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.

For any personal data or information subject to the foregoing exception, and to the extent permitted by law, you: (1) understand and agree that any such information provided by you may be used, copied or displayed by RX, RX may create derivative works of any such data, and RX may provide such data to our service providers, our successors and assigns, Pennsylvania Medical, P.C. and affiliated health care providers, and their affiliated professional entities, in performance of their services; and (2) grant RX, our service providers, our successors and assigns, fully transferable and sublicensable right and license to use, reproduces, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any data or information you submit on or through the Sites for the purposes of providing services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying and/or improving new, current or future features, products and services of RX using such data.

OWNERSHIP OF SITE CONTENT

As between RX and you, RX is the sole and exclusive owner of all right, title and interest in and to the Sites and their content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement and look and feel), other Content, and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you. You are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell, or participate in any sale of, or exploit in any way, in whole or in part, any of the material on our Sites except as generally and ordinarily permitted through the Sites according to these Terms of Use. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Sites or Content shall be owned solely and exclusively by RX or its licensors, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the Sites or Content.

TRADEMARKS

Certain names, logos, and other materials displayed in and through the Sites may constitute trademarks, trade names, service marks,or logos (“Marks”) of RX or its affiliates. You are not authorized to use any such Marks without the express written permission of RX. Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.

LINKS TO THIRD-PARTY HYPERLINKS AND WEBSITES

The Sites may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control; therefore, we are not responsible for the information, product or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, error’s, damage, or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.

You may have arrived at the Sites through a Linked Site, including a Linked Site controlled by a parent, subsidiary, or affiliate of RX. You understand and agree that we are not responsible for the information, products, or services described on those Linked Sites, and only these Terms of Use will apply to your use of or access to the Sites.

TERMINATION

The Terms of Use will remain in full force and effect as long as you continue to access or use the Sites or Services. You may terminate the Terms of Use at any time by discontinuing the use of the Sites. Your permission to use the Sites automatically terminates if you violate these Terms of Use.

RX may terminate or suspend any of the rights granted by these Terms of Use and your access to and use of the Sites or Services with or without prior notice, for any reason, and at any time. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Venue, Severability of Provisions’; No Waiver; and Assignment.

Subject to applicable law, RX reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Sites pursuant to its internal record retention and/or content destruction policies. After such termination, RX will have no further obligation to provide the Services, except to the extent an affiliated professional entity is obligated to provide you access to your health records or is required to provide you with continuing care under applicable legal, ethical, and professional obligations to you. You agree that if your use of the Services is terminated pursuant to these Terms of Use, you will not attempt to use the Services in any way, and further agree that if you violate this restriction after such termination, you will indemnify and hold RX harmless from any and all liability that RX may incur, therefore.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SITES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SITES AND ANY SERVICES ARE PROVIDED THROUGH THE SITES ON AN “AS IS” AND “AS AVAILABLE” BASIS. RX AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL AFFILIATED PROFESSIONAL ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES AND SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FRXM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITES OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER RX NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SITES. FURTHERMORE, RX DOES NOT GUARANTEE THAT THE SITES WILL BE UNINTERRUPTED, OR FREE FRXM ERRXR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND RX DISCLAIMS ANY LIABILITY RELATING THERETO.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL, AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SITES ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.

LIMITATION OF LIABILITY

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL RX, ITS RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITES OR ANY SERVICES PROVIDED THROUGH THE SITES, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES. THIS IS TRUE EVEN IF RX OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

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.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless RX, its affiliates (including without limitation all affiliated Professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, Proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, your use of materials or features available on the Sites in an unauthorized manner, fraud, violation of the law, or willful misconduct, or any breach by you of these Terms of Use.

MODIFICATIONS TO THE SITES

RX reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Sites or Services or any portion thereof, with or without notice. You agree that RX shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites or Services.

PHARMACY SERVICES

If you receive a prescription as a result of the Services, of our partner pharmacies (collectively, the “RX Pharmacy Network”) to ship your prescription. You give us consent to send and disclose to the RX Pharmacy Network all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location, and demographic information) so that you may receive pharmacy services.

PACKAGING AND FULFILLMENT RESTRICTIONS

If you select to use the RX Pharmacy Network to fulfill any prescriptions provided by health care providers through the Services, you acknowledge that your medication, if approved, will not be shipped in child-resistant packaging and that you must keep it out of the reach of children.

PAYMENT

You agree to pay all fees due for services requested. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processor to charge the amount due.

You understand and agree that you are responsible for all fees due to receive health care services and pharmacy services, including any fees charged by the health care organization(s) or provider(s). Your payments to RX may include fees charged by health care organization(s) or provider(s) for health care services and/or pharmacy services, which RX collects on their behalf. Any health care services, or pharmacy services not made available through the Services are not included in the payments collected by RX and you may be separately charged by the applicable health care providers for such services. In the event that your credit card expires or RX, our affiliates, or our third-party payment processor are unable to Process your payment, you may receive notice for you to provide an alternative payment method. RX and/or the health care organization(s) and/or provider(s) have no obligation to provide any health care services or pharmacy services unless and until full payment has been received and/or verified.

Return Policy

  • When can I return an item: We accept any return shipped to us within 10 calendar days of the purchase date with a return code. Items must be returned in their original condition unopened; If you have an incomplete, incorrect, or damaged shipment, please contact our Customer Care team before proceeding with the return.
  • How to return an item: Please contact info@rxadamandeve.com to request a refund or return and you will receive instructions of how to get a refund and where to send your product with a return label.
  • What will be refunded: You’ll be refunded the original product price including tax. Shipping charges, including return shipping and tracking services, are non-refundable.
  • What should be included with your return: Add a short note that includes your order number explaining the reason for your return. We strongly urge customers to keep a record of tracking or delivery confirmation when returning items.
  • What happens when my return is received: Once we receive your return, it will be processed within 5 business days. At this time, a refund will be issued to the original payment method and an email issued to the address associated with the order.
  • Where do I return my item: Items must be returned to the location from which the shipment originated.

SPECIAL NOTICE TO MEDICARE AND MEDICAID BENEFICIARIES

Federal and state health care program, such as Medicare and Medicaid, do not pay for all health care costs, even for some health care services and products that you or your health care provider have good reason to think you need. If you are a beneficiary of a federal or state health care program, and such program does not pay for certain services or products rendered to you, you may have to pay for these services and products. As we understand it, neither federal nor state health care program currently pay for any of the medical services or products made available through the Services performed by affiliated health care organizations or providers, at least not in the way such services or products are provided (i.e., using telemedicine and bundled treatment offerings). By agreeing to use the Services, you acknowledge and agree that: (1) you will pay directly for any medical services and products provided to you, and (2) neither RX nor any RX affiliated health care organization or provider will bill any federal or state health care program for such medical services or products.

TESTOSTERONE HEALTH PROGRAM TERMS AND CONDITIONS

This section describes additional terms and conditions applicable to your participation in the Testosterone Health Program (the “Program”) offered through RX and the affiliated professional entities that provide services on the RX platform. The program is designed to provide access to Routine and necessary services for the management of low testosterone in biological males caused by secondary hypogonadism. The program is a membership-based service through which eligible Members can obtain limited medical care, medication, and pharmacy services for a recurring monthly payment. The program is not health insurance or a substitute for health insurance, does not meet any individual health insurance mandate under federal or state law, and cannot replace your in-person provider relationships. You should keep your existing health insurance coverage while you are participating in the program or obtain health insurance coverage if you do not currently have it.

On-boarding and diagnosis

In order to participate in the program, you must be evaluated by a doctor or nurse practitioner on the RX platform and, in the professional judgment of such health care provider, meet the clinical criteria for participation. To be evaluated for participation, you must complete an initial on-boarding Telehealth medical assessment (the “Diagnosis Online Visit”) with a doctor or nurse practitioner and obtain laboratory blood testing to measure your key physiological indicators including, but not limited to, your serum testosterone levels. If following a review of the laboratory results and the Diagnosis Online Visit, your health care provider determines that you are a good candidate for treatment through the program, he or she may initiate such treatment by writing you a prescription.

You acknowledge and agree that, even if you do not meet the clinical criteria for participation in the program, you are responsible for payment of the cost of the Diagnosis Online Visit and any laboratory testing that your health care provider orders for you, and such cost is not included in the Membership Fee.

Membership and Additional Services

Your membership (“Membership”) in the program, including your ability to access the Membership Services and your obligation to pay Membership Fees (each as defined below), will commence when your health care provider communicates your care plan, risks, and benefits of treatment, and you acknowledge such and elect to proceed with participation in the program.

The program includes 12 months of Membership – Up to eight (8) discrete medical consults per year with your RX-affiliated health care provider, all of which will be set on a pre-scheduled basis according to your personalized care plan. Health care provider services required to order and interpret up to eight (8) lab panels per year (Note: the costs of the laboratory tests are not included in your Membership and must be paid by you separately) – Secure messaging with your RX-affiliated healthcare provider between discrete medical consults – Fulfillment of prescription medication for the treatment of low testosterone (as prescribed), if you choose to have your prescription filled by the RX Pharmacy Network, with free two-day shipping (the “Membership Services”).

In certain cases, you or your health care provider may request that you complete services (e.g., medical consults, laboratory tests) in excess of the Membership Services. For each medical consult after the eighth consult, and for each lab result interpretation after the eighth lab result interpretation (the “Additional Services”) you will be charged a separate $15.00 fee (the “Additional Services Fee”). As part of your participation in the program, you agree that any Additional Services Fees you incur can be charged to your payment card or PayPal account on file within seven (7) days of the date on when such Additional Services are rendered.

The Membership Services may change from time to time. You will be given thirty (30) days’ notice of any such change. You may accept the revised Membership Services by continuing in the program or reject them by terminating your Membership.

Laboratory testing services are not included.

In order to participate in the program, you must periodically obtain medically necessary laboratory testing (blood work) in-person at a Quest Diagnostics (“Quest”) Patient Service Center. You acknowledge and agree that your Membership Fee does not include the cost of any laboratory services and that RX is not responsible for any such costs. Quest determines the charges for its laboratory testing services and may bill you directly for any amounts that you owe Quest based on your agreement with Quest. Your payment arrangement with Quest is not governed by these Terms of Use. Contact Quest directly for more information about pricing and payment for laboratory testing services.

Payment of Membership Fee

You will have an opportunity to review and agree to the cost of Membership (the “Membership Fee”) during the checkout Process that is part of the Diagnosis Online Visit. You may also view the costs associated with Membership on the program webpage located here. Once you begin participation in the program, your Membership Fee will be automatically charged to your payment card or PayPal account on file on a recurring, monthly basis (approximately every 28-30 days) until your Membership is canceled. The initial payment must be made the day your Membership commences. Once paid, your Membership Fee is non-refundable.

If you choose to have your prescription filled at a local pharmacy, your Membership Fee will not include the cost of medication and pharmacy fulfillment. If you transfer your prescription from a local pharmacy to the RX Pharmacy Network, the cost of medication and pharmacy fulfillment will be added to your Membership Fee at the beginning of the next billing cycle. You may transfer your prescription to a local pharmacy or to the RX Pharmacy Network at any time by calling us at (844) 479-2326 or emailing us at care@rxadamandeve.com

Canceling your Membership

You may cancel your Membership at any time by calling us at (844) 479-2326 or emailing us at Privacy@rxadamandeve.com Any Membership Fees paid prior to the date of cancellation are non-refundable.

Delaying your Membership

If you would like to delay your billing date for any reason, you may delay by logging into your Secure User account, calling us at (844) 479-2326 , or emailing us at care@rxadamandeve.com You may learn more about how to initiate a delay through your Secure User account in the FAQs located here. When you delay, you will not be charged a Membership Fee until the end of the delay period that you have selected. During such period, you will not be eligible to receive any Membership Services, except you may still message your RX-affiliated health care professional thorough RX’s secure messaging application at any time. Delaying could impact your ability to adhere to your treatment plan. As a result, at your RX-affiliated health care provider’s discretion, you may need to be re-evaluated and undergo additional laboratory testing before continuing with treatment (a “Continuation Visit”) at the end of a delay period. If you delay for a cumulative period of eight (8) consecutive weeks or more without scheduling a Continuation Visit, your Membership may be canceled without notice.

Pausing your Membership

If you would like to pause your Membership by turning off auto-payments (going “On-demand”) for any reason, you may do so by logging into your Secure User account, calling us at (844) 479-2326, or emailing us at care@rxadamandeve.com. You may learn more about how to go On-demand through your Secure User account in the FAQs located here. When you go On-demand, you will not be charged any additional monthly Membership Fee payments until you initiate a charge by ordering a refill of your medication or turning auto-payments back on. You will receive Membership Services thorough the last day of the monthly billing cycle for which you have paid the monthly Membership Fee. Thereafter, other than messaging your RX-affiliated health care professional through RX’s secure messaging application, you will not be eligible to receive any Membership Services until you initiate another charge as described above. Going On-demand could impact your ability to adhere to your treatment plan. As a result, at your RX-affiliated health care provider’s discretion, you may need to undergo a Continuation Visit before continuing with treatment at the end of an On-demand period. If you remain On-demand for a cumulative period of eight (8) consecutive weeks or more without scheduling a Continuation Visit, your Membership may be canceled without notice.

No testosterone Replacement Therapy

The program is not appropriate for patients seeking testosterone replacement therapy (commonly referred to as “TRT”), such as testosterone patches, gels, injections, or pellets. Providers participating in the program cannot prescribe TRT by Telehealth. Please contact your in-person provider to discuss TRT options.

No representation, warranty, or guarantee of continued availability of the Program

NEITHER RX NOR THE AFFILIATED PROFESSIONAL ENTITIES MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE CONTINUED AVAILABILITY OF THE PROGRAM. THE PROGRAM MAY BE DISCONTINUED AT ANY TIME AT THE SOLE DISCRETION OF RX AND/OR THE AFFILIATED PROFESSIONAL ENTITIES. YOU WILL BE GIVEN 30 DAYS’ NOTICE OF ANY SUCH DISCONTINUATION SO THAT YOU MAY FIND A LOCAL PROVIDER WITH WHOM TO CONTINUE TREATMENT.

GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION; VENUE; SEVERABILITY OF PROVISIONS

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND RX TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FRXM RX

These Terms of Use and your use of the Sites shall be governed by the laws of the State of Wyoming, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in the state of Florida, Florida under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction. The parties agree that the courts located in the State of Florida, Florida or Wyoming shall have exclusive personal jurisdiction, subject matter jurisdiction, and venue for any such claim.

All parts of these Terms of Use apply to the maximum extent permitted by law. RX and you both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

NO WAIVER

No waiver by RX of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by RX to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

NO AGENCY RELATIONSHIP

Neither these Terms of Use nor any Content, materials, or features of the Services create any partnership, joint venture, employment, or other agency relationship between you and us. You may not enter into any contract on our behalf or bind us in any way.

REMEDIES

You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

ASSIGNMENT

You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. Our affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Use if some or all of the business of RX is transferred to another entity by way of merger, sale of its assets or otherwise.

DIGITAL MILLENNIUM COPYRIGHT ACT

RX reserves the right to remove any content or any other material or information available on or through our Sites, at any time, for any reason. RX otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended) and responds to clear notices of alleged copyright infringement. This section describes the procedure that should be followed to file a notification of alleged copyright infringement with RX.

Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Sites, you may submit a notification to our Designated Agent at the following address:

1712 Pioneer Ave.

Suite 2129

Cheyenne, WY 82001

Any notification to RX under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed.
  • An identification of the copyrighted work or other intellectual property that you claim has been infringed or if multiple copyrighted works are covered by a single notification, a representative list of such works.
  • An identification of the content or material that you claim is infringing and where it is located on our Sites.
  • Information sufficient for RX to contact you, such as your address, telephone number, and/or email address;
  • A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
  • A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.

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