MedsNow Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the www.MedsNow.com website (the “Website”) and the MedsNow mobile applications and services (collectively, the “Services”). You agree that by visiting the Website or by registering or using the Services, you are entering a legally binding agreement with MedsNow, Inc., located at 100 11th Ave, New York, NY 10011 (“MedsNow”) based on the Terms and the Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”). Your access to and use of the Services are conditioned on your acceptance of and compliance with the Agreement. By accessing or using the Services you agree to be bound by the Agreement.
1. Basic Terms
MedsNow provides a technology platform to provide digital payment solutions for partnering pharmacies. MedsNow operates as a data processor for Pharmacies and any obligations with respect to your personal information come from our contractual relationship with pharmacies and the provisions of our Privacy Policy. MedsNow is not a covered entity and is not subject to HIPAA, however, to the extent we knowingly receive information that is protected under HIPAA from or on behalf of a covered entity, we adhere to any contractual obligations we have to maintain the privacy and security of your information.
MedsNow is not a health care provider and does not offer or provide any medical advice or treatment recommendations. You acknowledge that you are not entering into a physician-patient or any other privileged or fiduciary relationship with MedsNow, and that MedsNow is not liable for any advice, medical care, prescriptions, or treatment you receive from any medical profession or pharmacy or for any consequences, injury or harm that may result therefrom.
You are responsible for verifying that any information you provide to MedsNow, any medical professional, or a pharmacy is accurate and complete. MedsNow will not be liable for any damages or losses that occur as a result of untruthful, inaccurate or otherwise incomplete information. The Services are not a substitute for in-person treatment or advice of your pharmacist, primary care physician or other health care providers. If you are not feeling well, contact your primary care physician or other medical professional. The Website and the Services are not to be used for medical emergencies. IF YOU ARE HAVING A MEDICAL EMERGENCY, PLEASE DIAL 911 OR GO IMMEDIATELY TO THE EMERGENCY ROOM.
If you are using the Services in your capacity as a Pharmacist or on behalf of a Pharmacist, you expressly represent: (i) your use of the Services is in compliance with any applicable, license requirements, laws or standards; (ii) you have verified the accuracy of any content available on the Services in conformity with your professional obligations and required standard of care; (iii) any information you learn about a third party from the Services shall be subject to the same policies and procedures as any information you learn about directly from a third-party; and (iv) MedsNow does not have any obligation to verify any information available on the Services.
You are responsible for your use of the Services and for any consequences thereof. You may use the Services only if you can form a binding contract with MedsNow and are not a person barred from accessing the Services under the laws of the United States or other applicable jurisdiction. If you are under 18 years of age you may only use the Services under the direct guidance of a parent or guardian that has accepted the Agreement on your behalf. If you are under 13 years of age, you may not use the Services for any reason. Please contact us if you are aware that a person under 13 is using the Services. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, MedsNow may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for MedsNow granting you access to and use of the Services, you agree that MedsNow, third party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services whether submitted by you or others.
By utilizing the Services, you acknowledge that you may receive e-mail or text messages on your phone or mobile communications device, and that the receipt of such messages may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your use of the Services.
2. Privacy
Any information that you provide to MedsNow is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to or within the United States and/or to other countries for storage, processing and use by MedsNow. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your MedsNow account, which you may not be able to opt-out from receiving.
3. Passwords
You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your MedsNow account. MedsNow cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
3. Content on the Services
Please be aware that, except as expressly provided or as otherwise required under applicable law, MedsNow does not verify the accuracy of any information available on the Services. Any use or reliance on any information you obtained through the Services is at your own risk.
You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will MedsNow be liable in any way for any content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
4. MedsNow Rights
Subject to the terms of the Agreement, MedsNow grants to you a limited and nonexclusive license (without the right to sublicense) to access and use the Services as provided herein.
All right, title, and interest in and to the Services and any content available on the Services, are and will remain the exclusive property of MedsNow and its licensors. The Services and its content are protected by copyright, trademark, and other laws of both the United States and foreign countries. MedsNow reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding MedsNow, or the Services are entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
You grant to MedsNow the full rights in any content you upload to the Services as reasonably required to provide you with full access and functionality of the Services.
5. Restrictions on Use Of The Services
We reserve the right at all times (but will not have an obligation) to suspend and or terminate users or reclaim usernames without liability to you.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, MedsNow’s computer systems, or the technical delivery systems of MedsNow providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by MedsNow (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with MedsNow (NOTE: scraping the Services without the prior consent of MedsNow is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services.
6. Ending These Terms
The Terms will continue to apply until terminated by either you or MedsNow as follows.
You may end your legal agreement with MedsNow at any time for any reason by deactivating your accounts and discontinuing your use of the Services. In order to deactivate your account, please contact us at hello@medsnow.com. Deactivating your account may not relieve you of any payment obligations you have under separate agreement with MedsNow.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except those Sections you would expect to survive termination, such as indemnification and limitations on liability.
Nothing in this section shall affect MedsNow’s rights to change, limit or stop the provision of the Services without prior notice, as provided above.
7. Disclaimers, Limitations of Liability and Indemnity
Please read this section carefully since it limits the liability of MedsNow and its stockholders, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “MedsNow Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available “AS-IS”
Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, THE MEDSNOW ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The MedsNow Entities make no warranty and disclaim all responsibility and liability for: (i) any actions of MedsNow users, including without limitation, any advice, recommendations, treatment plans or other information provided by medical professionals or pharmacies; (ii) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any information provided on the Services; (iii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content; (iv) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; (v) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (vi) any advice or information you receive through the Services; and (vii) any injuries or harm you or a third party incurs as a result of information or advice received through the Services. No advice or information, whether oral or written, obtained from the MedsNow Entities or through the Services, will create any warranty not expressly made herein. TO THE EXTENT LEGALLY PERMITTED, YOU EXPRESSLY RELEASE THE MEDSNOW ENTITIES FROM ANY AND ALL LIABILITY FOR ANY DAMAGES, SUITS, CLAIMS, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE THAT MAY ARISE FROM OR RELATE TO ANY ACTS OR OMISSIONS OF THE MEDICAL PRACTICE, PHYSICIANS, OR PHARMACY IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION, THE PROVISION OF MEDICAL SERVICES, CONSULTATION, OR TREATMENT BY PHYSICIANS OR PHARMACISTS.
B. Links
The Services may contain links to third-party services or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such services or resources; or (ii) the content, products, or services on or available from such services or resources. Links to such services or resources do not imply any endorsement by the MedsNow Entities of such services or resources or the content, products, or services available from such services or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such services or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MEDSNOW ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE MEDSNOW ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID MEDSNOW, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE MEDSNOW ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
D. Indemnification
To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the MedsNow Entities, from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) any information, advice, treatment recommendations or other content you transmit or receive via the Services; (2) your failure to comply with the Terms, including without limitation, your obligations and representations provided in Section 1; (3) your interactions with any other MedsNow user; (4) your use or disclosure of information, including without limitation, personal information or medical information you learned about on or through the Services; and (5) any activity in which you engage on or through the Services.
8. General Terms
A. Waiver and Severability
The failure of MedsNow to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the state of New York without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in New York County, New York, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. You agree that you may only bring claims against MedsNow related to your use of the Services on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
C. Entire Agreement
These Terms and our Privacy Policy are the entire and exclusive agreement between MedsNow and you regarding the Services (excluding any service for which you have a separate agreement with MedsNow that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between MedsNow and you regarding the Services.
We may revise these Terms from time to time, the most current version will always be at www.medsnow.com. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 6 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us.
Effective: 10/01/21.