Terms & Conditions
Digital Pharmacist Platform
Effective Date: July 1, 2016
This is a legal notice. Please read these Terms and Conditions (collectively referred to as “Terms”) carefully before using this Site. For purposes of this Agreement , 'Site' includes the RxWiki website, mobile application, tablet application, or any other multimedia channel displaying content or applications. These Terms constitute a legally binding Agreement between you and RxWiki. By using this Site you agree to abide by the most recent Terms. RxWiki may change these Terms from time to time. Such changes will be posted on this Site. Please review these Terms each time that you visit this Site.
This Site Does Not Provide Medical Advice. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY IMMEDIATELY CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM.
The content on this Site in not intended as a guide to self-medication or as a substitute for proper medical advice. The materials on this Site are for reference only and should not be used to determine treatment for specific medical condition-only a health care provider can determine what treatment you need. The content is not intended and shall not be taken as the rendering of medical, nursing, pharmaceutical, or health care advice, or the practice of medicine, nursing, pharmacy or professional health care. It is your sole responsibility to check product information, including drug packets inserts, regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any drug or supplement discussed on the Site. You should consult with your physician, pharmacist or health care provider before staring any new medication or treatment.
PRODUCTS AND TRANSACTIONS. THE CONTENTS OF THIS SITE, SUCH AS TEXT, GRAPHICS, IMAGES, SOFTWARE APPLICATIONS, INFORMATION OBTAINED FROM RXWIKI, AND OTHER MATERIAL CONTAINED ON THE SITE ("CONTENT") ARE FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED TO REPLACE OR BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, PHARMACIST, OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR THE PROPER USE OF PHARMACEUTICAL PRODUCTS. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE.
RxWiki contracts with pharmacists whose names appear on the Site. In addition, RxWiki contracts with Pharma companies to provide coupons and discounts to users of the Site. References to, or descriptions or images of, products or services (or related coupons and discounts) on the Site should not be interpreted as endorsements of such products or services and such products or services may be available by third parties. RxWiki does not recommend or endorse any specific tests, physicians, pharmacist, products, services, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by RxWiki, RxWiki employees, pharmacists or others appearing on the Site at the invitation of RxWiki, or other visitors to the Site is solely at your own risk.
The Site may contain health or medical related materials that deal with reproductive health-related issues. If you find these materials offensive, you may not want to use the Site.
Children's Privacy. RxWiki is committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
RxWiki authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright RxWiki Inc. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms by reference.
The Site Content is protected by copyright under both United States and foreign laws. Title to the Content remains with RxWiki or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of RxWiki. All rights not expressly granted herein are reserved to RxWiki and its licensors.
If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Limitations of Liability of RxWiki and Its Licensors
You understand and agree that neither RxWiki nor its suppliers or vendors are responsible for any claim, loss, or damage directly or indirectly resulting from your use of the Site or the information resources contained or accessible through the Site. The access to and use of the Site and the Content is solely at your own risk. When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of RxWiki and its suppliers. Accordingly, RxWiki assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RXWIKI, ITS SUPPLIERS OR VENDORS, OR ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUPPLIERS, VENDORS, LICENSORS OR PARTNERS (COLLECTIVELY, “RXWIKI PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, OPERATION OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, ANY DEFECTS IN THE CONTENT, OR WITH THE PROVISION OF, OR FAILURE TO MAKE AVAILABLE, ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANY LIABILITY ON THE PART OF THE RXWIKI PARTIES, IN THE AGGREGATE, SHALL NOT EXCEED U.S. $1000. RXWIKI PARTIES SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY USE OR MISUSE OF THE SITE, CONTENT, PRODUCTS PURCHASED THROUGH THE SITE , SERVICES OR PUBLIC AREAS (as defined below). Any claims arising in connection with your use of the Site, any Content, Product or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms.
You acknowlege and agree that the limitations set forth above are fundamental elements of this Agreement and the Site would not be provided to you absent such limitations.
Disclaimer of Warranty. The Site and the content are provided on an "as is" basis. RxWiki, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, RxWiki, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, currency, or timeliness of the Content, products, software, functionality, text, graphics, links, or communications provided on or through the use of the Site or RxWiki, including the substance, accuracy, or sufficiency of any service or product information listed on the Site.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site.
3. That the Site will operate without interruption or error.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards, Ask Our Expert postings, user reviews of drug information, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission you agree that you will not send or transmit to RxWiki by email, (including through the email addresses listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to RxWiki by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to RxWiki by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-RxWiki a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. RxWiki may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to RxWiki by email. We try to answer every email in a timely manner, but are not always able to do so.
User Submissions, Image, Video, Audio Files
You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL.) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on the Site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.
By uploading any media like a photo or video, (a) you grant to RxWiki a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes RxWiki to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify RxWiki and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.
RxWiki reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your RxWiki passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your RxWiki account and password; (3) promptly inform RxWiki of any need to deactivate a password. You grant RxWiki and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. RxWiki cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using RxWiki tools and services.
Advertisements, Searches, and Links to Other Sites
RxWiki may provide links to third-party web sites. RxWiki also may select certain sites as priority responses to search terms you enter and RxWiki may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. RxWiki does not recommend and does not endorse the content on any third-party websites. RxWiki is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. RxWiki does not endorse any product, service, or treatment advertised on the Site.
Your Protected Health Information. In some circumstances, the use by RxWiki or pharmacist with whom RxWiki ‘s contracts of your name, email address, pharmacy, prescription data, and diagnoses Will also subject RxWiki to the requirements of the Health Information Portability and Accountability Act of 1996 (“HIPAA:”) as amended by The Health Information Technology For Economic and Clinical Health (“HITECH”) Act. In these circumstances the terms of RxWiki’s HIPAA Notice of Privacy Practices will apply. RxWiki collects prescription data, health data and personal information from you and various other sources during the use of our site and its applications. By using the Site and submitting any information through the Site in connection with purchasing any products or services, you authorize RxWiki to provide such information electronically to (identified third parties) for purposes of facilitating such purchase. Reasonable steps will be taken to verify your identity prior to providing your information to third parties. Your information will be send in a secure manner.
You understand that RxWiki will store this information to affect these transactions, provide you with information, advertising and marketing offers.
You expressly give RxWiki permission to use the data we have collected to present you with marketing offers based on this data and data collected, including transactions with your healthcare providers.
You agree to defend, indemnify, and hold RxWiki, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable attorney fees’ and expenses, , resulting from, or alleged to result from, your violation of these Terms and Conditions.
RxWiki is based in Austin, Texas, in the United States of America with principal offices in Austin, Texas. RxWiki makes no claims that RxWiki, RxWiki Appointment Assist or any Site within the RxWiki Network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the RxWiki Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions, image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with RxWiki, or in any way relating to your use of the Site, resides exclusively in the courts of the State of Texas, with Venue in Travis County, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Texas in connection with any such dispute including any claim involving RxWiki or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting RxWiki's copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
RxWiki's agent for copyright issues relating to this web site is as follows:
Attn: Privacy Control
4315 Guadalupe St. Suite 200
Austin, Texas 78751
In an effort to protect the rights of copyright owners,RxWiki maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Thank you for your cooperation. Questions or comments regarding this app, including any reports of non-functioning links, should be submitted via email to [email protected]
Authorization To Use and Disclose Protected Health Information for Marketing Purposes
By agreeing to the terms and conditions I understand that I am authorizing RxWiki Inc to provide me with marketing materials related to coupons and discounts for prescription drugs that I take.
By signing these terms and conditions I understand that:
This authorization permits RxWiki Inc. to electronically use and disclose my Protected Health Information (“PHI”), including but not limited to, my name, email address, age, medications prescribed for me, dosages of my medications, and purposes for which I take such medications.
RxWiki, Inc. contracts with pharmacies, through “Digital Pharmacist”, a web and mobile software application that enables consumers to submit refill requests, receive refill notices and medication reminders electronically.
The purpose of this authorization is to permit RxWiki Inc. and contracted pharmacies to use and disclose my PHI for marketing activities which include, but are not limited to, offering me prescription coupons and discounts, sending me newsletters and information about clinical trials.
The logos of the pharmacies with which RxWiki will use and disclose my PHI will appear on the web or mobile application that I use.
RxWiki, Inc. charges fees to pharmacies that use “Digital Pharmacist”. In addition, RxWiki receives direct financial remuneration from drug companies for providing me medication coupons and discounts.
RxWiki may maintain my PHI in a secure online data base, and may de-identify my PHI as required by the Health Information Insurance and Portability Act (“HIPAA”), as amended, aggregate my de-identified information with other RxWiki, Inc. web and mobile apps users, and use such aggregated information for population based activities and analytics.
Treatment, payment, enrollment, or eligibility for benefits may not be conditioned upon me signing this authorization.
When information is used or disclosed pursuant to this authorization, it may be subject to re-disclosure and may no longer be protected by state or federal privacy regulations.
I retain the right to electronically revoke this authorization prior to each transmission with Digital Pharmacist through the web or mobile app by clicking on the authorization revocation link. Such revocation will be effective for future uses and disclosures (unless otherwise permitted by HIPAA) only, not for uses and disclosures already made in reliance on this authorization.