The following are the legal terms and conditions (the “Terms”) that govern your use of the ePharmacistNow Website located at www.ePharmacistNow.com (the “Website”), which is owned and operated by ePharmacistNow (“ePharmacistNow”). By accessing the Website, you acknowledge, accept, and are bound by these Terms. If you do not agree to the Terms, then you should immediately leave and not use the Website. ePharmacistNow may modify these Terms at any time. Your continued use of the Website following such modifications constitutes your acceptance and agreement to be bound by the Agreement as so modified. You, therefore, should periodically check these Terms for modifications.
Limited Right to Use
In consideration for your acceptance of the promises, acknowledgements, and agreements within these Terms, ePharmacistNow grants you a personal, non-exclusive, non-transferable right to access and use the Website.
You shall not use any robot, spider, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to extract, mine, or copy any Website content, information, or data. You shall not violate or attempt to violate the security of the Website in any way, including but limited to: (i) probing, scanning, or testing the vulnerability of the Website; (ii) attempting to access, or accessing, secured portions of the Website to which you do not possess access rights; or (iii) taking any action that imposes an unreasonable or disproportionately large load on the Website or the systems connected to the Website.
Patient’s Health Care Information
For patients: During the sign-up process and thereafter, you will identify certain health care providers as those that provide you with health care services. Pursuant to your authorization that you provide during the sign-up process, ePharmacistNow may disclose to those providers your health care information for the purpose of providing health care and related services to you. Pursuant to your authorization that you provide during the sign-up process, ePharmacistNow may receive your health care information from your providers for the purpose of providing health care and related services to you. You understand that any protected patient health related information that you provide is your decision and your responsibility.
You will comply with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”), regulations promulgated under HIPAA and the HITECH Act (collectively, HIPAA, the HITECH Act and regulations promulgated under HIPAA and the HITECH Act are referred to herein as the “HIPAA Rules”), and applicable state laws to the extent that they are not preempted by the HIPAA Rules when accessing, viewing, printing or downloading any and all protected health information from ePharmacistNow. You will use ePharmacistNow for legitimate professional reasons, or, if you are a patient, for your own personal use. For health care providers, protected patient health information contained on ePharmacistNow, which can only be used for the following purposes and only to the extent permissible under the HIPAA Rules: (i) for treatment of patients under your care; and (ii) to conduct your business operations, you must request the information directly from the ePharmacistNow through a contact telephone number specifically designated for health care providers found on the website.
For health care providers: You will only obtain a patient’s protected health information from ePharmacistNow after ePharmacistNow has received such patient’s consent or pursuant to another appropriate legal authorization. By obtaining a patient’s protected health information, you are affirmatively representing at the time of each access that you are permitted to do so under the HIPAA Rules and applicable state laws to the extent that they are no preempted by the HIPAA Rules.
Recurring Payment and Cancellation Policy
ePharmacistNow will send a recurring payment alert to Patient fifteen (15) days prior to billing. Patient must cancel prior to the fifteenth (15th) day after the recurring payment alert is sent in order to avoid being charged under the ePharmacistNow recurring payment policy.
Patient has reviewed, acknowledges, and accepts ePharmacistNow’s recurring payment policy as detailed in this section. Pursuant to ePharmacistNow’s recurring payment policy, Patient will be billed every three months by ePharmacistNow unless Patient cancels his or her subscription.
Other Terms and Conditions
Any additional terms and conditions that apply to purchases of goods or services available on or through the Website are incorporated as a part of these Terms by reference. If there is a conflict between these Terms and the terms posted for or applicable to a specific good or service offered on or through the Website, the latter terms shall control with respect to the specific good or service so offered.
Copyrights and Other Intellectual Property
Unless otherwise noted, all information, text, articles, data, images, screens, graphics, web pages, photographs, artworks, visual interfaces, user interfaces, or other materials (collectively, the “Works”), including but not limited to the look and feel of the Website, appearing on the Website are the exclusive property of ePharmacistNow. Except as expressly provided in these Terms, you may not copy, display, print, distribute, download, license, modify, publish, repost, reproduce, reuse, sell, or transmit the Works, or use them to create a derivative work or otherwise use them for public or commercial purposes without the express written consent of ePharmacistNow. You may not use any content contained in the Works in any manner that may give a false or misleading impression or statement. Nothing on the Website or in these Terms grants you any license or right to use any of the Works, whether by estoppel, implication, or otherwise.
You may download or print content from the Website if you: (i) do not modify the content or remove any proprietary notice language from it; (ii) use the content only for your own personal, private, and non-commercial purposes; and (iii) do not distribute or republish the content to others, except that you may provide downloaded or printed content to others for their use in providing health care, treatment, or advice to you.
ePharmacistNow respects the intellectual property of others, and requires that its Website users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.
If you believe that any material residing on, linked to, or linked from the Site infringes your copyright, please send ePharmacistNow’s Copyright Agent a notification of claimed infringement with all of the following information: (i) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (ii) identification of the claimed infringing material and information reasonably sufficient to permit ePharmacistNow to locate the material on the Website (such as the URL(s) of the claimed infringing material); (iii) information reasonably sufficient to permit ePharmacistNow to contact you, such as an address, telephone number, and, if available, an email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (vi) your physical or electronic signature. Notices to ePharmacistNow’s Copyright Agent should be sent to:
Macaulay & Burtch, P.C.
1015 E Main St., Richmond, VA 23219
Unless the context indicates otherwise, the trademarks, logos, and service marks displayed on the Website, including, but not limited to ePHARMACISTNOW™, (collectively, the “Trademarks”) are the registered or unregistered trademarks of ePharmacistNow. Nothing on the Website or in these Terms grants you any license or right to use any of the Trademarks, whether by estoppel, implication, or otherwise.
You should address any inquiries concerning usage of ePharmacistNow’s copyrights, designs, or trademarks to: info@ePharmacistNow.com
Disclaimer of Warranties
Given the unpredictability of technology and the online environment, ePharmacistNow does not warrant that the function or operation of this Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of this Website, you must assume full responsibility for any costs associated with servicing of equipment used in connection with your use of the Website.
While efforts have been made to ensure the accuracy of the information on this Website, ePharmacistNow does not represent or warrant that the information accessible via this Website is accurate, complete, or current. This Website could contain typographical errors, technical inaccuracies, or other incorrect information. ePharmacistNow reserves the right to add to, change, or delete its content or any part thereof without notice. Any price or availability information is subject to change without notice. Additionally, this Website may contain information provided by third parties. ePharmacistNow makes no representation or warranty regarding the accuracy, truth, quality, suitability, or reliability of such information. ePharmacistNow is not responsible for any errors, omissions, or inaccuracies contained in any information provided by such third parties.
THE CONTENTS OF THIS WEBSITE ARE PROVIDED “AS IS” AND EPHARMACISTNOW MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, COMPATIBILITY OF SOFTWARE PROGRAMS, OR NON-INFRINGEMENT. EPHARMACISTNOW SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. EPHARMACISTNOW DOES NOT WARRANT THAT THE WEBSITE OR EPHARMACISTNOW’S SERVICES WILL SATISFY ANY REQUIREMENTS OR NEEDS THAT YOU MAY HAVE.
Limitation of Liability
IN NO EVENT WILL EPHARMACISTNOW OR ANY OF ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR ECONOMIC DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR ANY INFORMATION CONTAINED HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR LOSS OF BUSINESS, LOSS OF CONTRACTS, LOST PROFITS, PECUNIARY LOSS, BUSINESS INTERRUPTION, USER’S ACCESS OR INABILITY TO ACCESS OR USE THE WEBSITE, VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, INVASION OF PRIVACY FROM OR THROUGH THE WEBSITE, OR LOSS OF BUSINESS INFORMATION, EVEN IF EPHARMACISTNOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, THE LIABILITY OF EPHARMACISTNOW UNDER ANY THEORY OF LIABILITY, WHETHER TORT, BREACH OF WARRANTY, BREACH OF CONTRACT, OR OTHER, WILL BE NO GREATER THAN ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID TO EPHARMACISTNOW IN THE PAST 12 MONTHS, WHICHEVER IS GREATER.
All payments to ePharmacistNow are final and non-refundable. ePharmacistNow shall not be obligated, for any reason, to return or refund any payment you make.
Any cause of action or claim you may have with respect to the Website or your use of it must be commenced within one year after the claim or cause of action arises, regardless of when you become aware of the claim or cause of action, after which time any claim or cause of action is forever barred.
You have sole responsibility for adequate protection and backup of data or equipment used in connection with the Website, and you will not make any claim against ePharmacistNow for lost data, re-run time, inaccurate output, work delays, or lost profits resulting from the use of the Website.
As a visitor to and user of this Website, you agree that all access and use of this Website and its contents are at your own risk.
ePharmacistNow has no responsibility or liability for, and does not insure, guarantee, or otherwise protect you with regard to, third-party goods or services that you purchase and that are advertised on, linked to, linked from, or mentioned on the Website. You should conduct whatever investigation you believe is necessary and appropriate before proceeding with any business transaction with third-parties.
No Unlawful or Prohibited Use
You will not use the Website for any purpose that is unlawful, criminal, or in violation of the rights of third-parties. You will not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website.
While ePharmacistNow welcomes comments and feedback regarding this Website and its services, ePharmacistNow is under no obligation to respond to all pieces of correspondence received through this Website or by e-mail, to maintain submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. ePharmacistNow does not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this Website or by e-mail. All unsolicited comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to ePharmacistNow through this Website, by e-mail, or by any other means shall become and remain the property of ePharmacistNow. Any such submission by you is a declaration of the full release of all proprietary claims and intellectual rights regarding your submission. ePharmacistNow, therefore, is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to ePharmacistNow for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information.
ePharmacistNow permits third party sites to link to the Website, but only in accordance with these terms and conditions:
(a) Links may be text-based using the words: “ePharmacistNow.” You may not use the ePharmacistNow logo or any other trademark as a link to the Website.
(b) By linking, you acknowledge and agree that, other than as set forth herein, all rights to ePharmacistNow marks, the content appearing on the Website, and the design of the Website belong to ePharmacistNow.
(c) You may not create frames around the Website or use other techniques that alter in any way the visual presentation or appearance of the Website.
(d) You must not misrepresent your relationship with ePharmacistNow or present false or misleading impressions about ePharmacistNow. No links to the Website may be used in a manner that implies or suggests that ePharmacistNow approves or endorses you, your Website, or your goods and services.
(e) ePharmacistNow shall have no responsibility or liability for any content appearing on your Website. You agree to indemnify and defend ePharmacistNow against all claims arising out of or based upon your Website.
(f) No link(s) may appear on any page on your Website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of any third party rights.
(g) ePharmacistNow reserves the right at any time and in its sole discretion to demand that you remove all links or any particular link to the Website from your Website and you agree to comply with such demand.
The Site may contain links to other websites operated by third-parties (“Linked Sites”). Such Linked Sites are not under the control of ePharmacistNow. ePharmacistNow has not reviewed, approved, corrected, or updated the content of any Linked Site and is not responsible for the content of any Linked Site. Your access or use of any Linked Site is at your own risk. ePharmacistNow shall have no liability or responsibility for any information published on Linked Sites. ePharmacistNow provides these links only as a convenience and, unless explicitly stated otherwise, does not monitor, endorse, warrant, or make any representations with respect to Linked Sites.
If you become a registered user of services available through the Website, ePharmacistNow may provide you with a confidential username and password (“Credentials”) to access and use portions of the Website. You agree to maintain the confidentiality of your Credentials, to promptly report to ePharmacistNow if you know or suspect that your Credentials have been compromised, and to be responsible for any use of the Credentials by someone other than you.
If any provision of these Terms is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. In that event, Terms will be construed as if such invalid, illegal, or unenforceable provisions had never been part of the Terms, with the remainder being in full force and effect.
You will indemnify, defend, and hold harmless ePharmacistNow from and against any and all claims, demands, causes of action, losses, expenses, damages, and costs, including without limitation any reasonable attorneys' fees, resulting from, arising out of, or relating to your use of the Website, any activity, information, or material that you submit or transmit to the Website, or your violation or breach of these Terms.
These Terms represent the entire agreement between you and ePharmacistNow with respect to the use of the Website, and all other prior agreements, covenants, promises and conditions, verbal or written, between you and ePharmacistNow with respect to such use are superseded and incorporated by these Terms.
These Terms will be governed by and construed in accordance with the laws of the State of Virginia.
Any controversy or claim arising out of, or relating to, these Terms, or the breach thereof, shall be settled by binding arbitration in accordance with the commercial arbitration rules then in effect of the American Arbitration Association, and judgment upon the award rendered may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted in Newport News, Virginia. ePharmacistNow and You shall work together to select an arbitrator from a list provided by the American Arbitration Association that is mutually satisfactory to them. If ePharmacistNow and You are unable to agree on an arbitrator, ePharmacistNow and You shall each choose an arbitrator from a list provided by the American Arbitration Association. The two arbitrators so selected shall then select a third arbitrator mutually satisfactory to them from the list provided by the American Arbitration Association. The single arbitrator so selected by the aforesaid procedure shall hear the dispute and decide it. The award of the arbitrator shall be binding and final on all parties. Any and all legal, accounting and other costs and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
Thank you for visiting www. ePharmacistNow.com. For questions concerning these Terms or ePharmacistNow’s other policies, contact: info@ePharmacistNow.com