terms of use

Terms of Use

Agreement to Terms of Use

Thank you for visiting www.NiceRx.com and for familiarizing yourself with the information, community and services that we provide to you and other users through this website. 1000487052 Ontario Inc. (“NiceRx”) wants you and other users to have safe, enjoyable access to its website, so we have established these terms, conditions and policies (“Terms of Use”) so that you, other users and NiceRx know what to expect from each other.

YOU SHOULD READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE, AS BY USING THIS WEBSITE YOU ARE CONFIRMING THAT YOU AGREE TO THESE TERMS OF USE AND THAT YOU WILL COMPLY WITH THEM. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

NiceRx may change, modify, add or remove portions of these Terms of Use at any time. You should periodically check these Terms of Use for changes. Your continued use of this website following the posting of any changes to these Terms of Use will mean that you accept and agree to such changes. As long as you comply with these Terms of Use, NiceRx grants you a personal, non-exclusive, non-transferable, limited privilege to access and use this website.

Content

All information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively “Content”), including but not limited to the selection, coordination, arrangement and enhancement of such Content contained on this website is owned, controlled or licensed by or to NiceRx, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of this website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without NiceRx’s express prior written consent.

You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices.

Health-Related Content

Any health-related Content found on this website describes general principles of healthcare that should not be construed as specific instructions for individual patients. It is not intended as a substitute for a consultation with your physician and should not be used to diagnose or treat a health problem without consulting your physician. It is for reference only and should not be used to determine treatment for specific medical conditions. Only a properly licensed health care provider can provide such treatment. NiceRx is not such a health care provider, and neither claims to provide nor agrees to provide any such treatment. This website and its health-related information and resources are not intended to render—and must not be taken as the rendering—of any medical, nursing or professional health care advice or services, or the practice of medicine, nursing, pharmacist services, or professional healthcare in any jurisdiction. You should discuss all information about prescriptions and all other aspects of your healthcare with a physician, pharmacist, nurse or other licensed health care professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions and contraindications before administering or using any device, drug, herb, vitamin or supplement discussed on this website.

You understand and agree that in no event will NiceRx be liable for any decision made or action taken in reliance on the information contained on, or accessible through, this website. Reliance on any information provided by, or otherwise appearing on, this website is solely at your own risk.

Proper treatment of health conditions depends upon a number of factors, including, but not limited to, your medical history, diet, lifestyle and medication regimen. Your primary healthcare provider can best assess and address your individual health care needs. You should consult with your primary healthcare provider before starting a new medication or a new diet, fitness or supplement regimen. If you are experiencing a medical crisis, please call 911 or contact your local emergency assistance service immediately.

Links to Third Party Sites

This website may contain links to other independent third-party websites. NiceRx provides these links for your reference only. NiceRx does not control those websites, and NiceRx is not responsible for, and does not endorse, their content and resources or any services offered through such third-party websites.

Privacy

So that we can perform the Services, we may ask you to provide your name, a method by which to contact you (such as a telephone number or email address), your location, certain protected health information (“PHI”), non-public personal information, credit card information, and other information (collectively, “Personal Information”). NiceRx will share your Personal Information with subsidiaries, branches or associated offices. We will also share your Personal Information with our service providers to provide the Services, it being understood that NiceRx contracts with such service providers to provide certain aspects of the Services. These kinds of disclosures will occur as part of our “Health Care Operations,” as contemplated by 45 CFR 164.501. For additional details about this and related issues, please review our Privacy Policy, which also applies to your use of this website. To view our full Privacy Policy, click here.

Electronic Communications

We will process your Personal Information for the following purposes as is necessary for the performance of a contract between you and us (i.e. our Terms of Service), or to answer questions or take steps at your request prior to entering into a contract:

  • To create and administer your account;
  • To fulfil our obligations under the Terms of Service; and
  • To notify you about changes to our Services, and to send you service emails relating to the activities you have asked us to undertake on your behalf.

You are responsible for keeping your Personal Information current. Under the Terms of Service, you grant us explicit consent to contact medical providers, pharmacies, pharmaceutical companies (to apply to their prescription assistance programs (“PAP” or “PAPs”) and obtain prescription medications for which you may qualify) and/or your physicians, and you permit us to send to and receive from PAPs participants and your physicians your Personal Information.

We will process your Personal Information for the following purposes as necessary for certain legitimate interests, or where you have given your express, informed consent to such processing as required by applicable law (such consent can be withdrawn at any time):

  • To resolve any disputes;
  • To ensure the security of your account and our business, preventing or detecting fraud or abuses of our Website;
  • To develop and improve our products and services;
  • To administer our Website and for internal business administration and operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  • As part of our efforts to keep our Website safe and secure;
  • To comply with applicable law;
  • To allow you to participate in interactive features of our services, when you choose to do so;
  • To send you personalised marketing communications (assuming you have expressly consented for this to occur), in order to keep you informed of our and our selected partners’ products and services, which we consider may be of interest to you; and
  • To provide you, or allow selected third parties to provide you, with information about products or services, that may interest you.

If you disclose your email address to us, you do so voluntarily. If you disclose your cell telephone number to us, you do so voluntarily. You recognize that by providing your email address and cell telephone number, and agreeing to the terms of these Terms of Use, you are authorizing NiceRX to send advertising or telemarketing or billing and collections emails to that email address, and to send advertising or telemarketing or billing and collections voice calls and text messages to that cell phone number, using an automated dialer system, or an artificial or pre-recorded voice. You understand this will occur regardless of your status on any State or Federal Do Not Call list. Messaging and data rates may apply from your mobile carrier. You recognize that although we will be unable to enroll you in our program unless you provide some reliable form of contact information that will allow us to contact you, you are not required (directly or indirectly) to provide your email address or cell phone number or to agree to receive advertising or telemarketing or billing and collections contacts through your email or cell phone as a condition of purchasing the Services. You understand that you may stop receiving email alerts by replying to an email message from NiceRx, or by accessing a web-based mechanism, such as an “unsubscribe” page, that we may provide (as further detailed in each email message from us). You also understand that you can opt-out of SMS communications at any time by texting STOP to 866-407-0777, at which point you will receive a reply confirming that you have been unsubscribed. You understand that you can text HELP to 866-407-0777 to find out more about the NiceRx SMS communication service. NiceRx does not impose separate charges for text alerts; however, you understand that messaging and data rates from my mobile carrier may apply and you are responsible for any such charges.

Your Conduct

You must be at least 18 years of age to use this website. You agree not to interrupt or attempt to interrupt this website’s operation or any other person’s use of this website in any way. Any conduct by you that, in our sole discretion, restricts, inhibits or interferes with the ability of any other user to enjoy this website will not be permitted, including by means of hacking or defacing any portion of this website, or by engaging in password “mining,” spamming, flooding or other disruptive activities.

You may not use this website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of NiceRx or others. You are prohibited from posting on or transmitting through this website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent or racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. You may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of this website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of this website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through this website.

NiceRx reserves the right to terminate or suspend your access to and use of this website without notice, if we believe, in our sole discretion, that it is in violation of these Terms of Use or any applicable law or it is harmful to our interests or to the interests of other users or of other parties, including intellectual property or other rights.

Accounts, Passwords and Security

Certain information or services offered on or through this website may require you to create an account (including setting up a User ID and password). You are responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access this website using your account or User ID. NiceRx cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

For your account, you agree to provide true, accurate, current and complete information about yourself. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of this website. Because any termination of your access to this website may be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or this website. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or this website.

By using this website, you also acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to this website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Your account Information and certain other information about you is subject to our Privacy Policy.

Prescription Transfers and Requests

By finishing the online signup process and adding your payment method, you give NiceRx consent to transfer your prescriptions from your existing pharmacy(s) and / or coordinate with your prescriber(s) as to any new prescriptions they may wish to authorize after they consult directly with you. NiceRx is not a pharmacy, drug manufacturer, insurance company or medical provider.

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NICERX REFRAINS FROM PROMISING THAT THIS WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS WEBSITE WILL PROVIDE SPECIFIC RESULTS. THIS WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. NICERX CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NICERX DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING THE INFORMATION, SERVICES, PRODUCTS, MATERIALS AND ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THIS WEBSITE, INCLUDING ANY WARRANTIES OF ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NICERX DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THIS WEBSITE AND/OR ANY NICERX SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST NICERX FOR DISSATISFACTION WITH THIS WEBSITE OR ANY CONTENT IS TO STOP USING THIS WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

To the maximum extent permitted by applicable law, the above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of or use, whether for breach of contract, tort, negligence or any other cause of action.

To the maximum extent permitted by applicable law, NiceRx reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to this website, or any portion of this website, for any reason; (ii) to modify or change this website, or any portion of this website, and any applicable policies or terms; and (iii) to interrupt the operation of this website, or any portion of this website, as necessary to perform routine or non-routine maintenance, error correction or other changes.

Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NICERX BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THIS WEBSITE, (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 THIS WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA ON THIS WEBSITE; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THIS WEBSITE, WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF NICERX HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION SHALL NOT BE APPLICABLE TO YOU.

If, notwithstanding the other provisions of these Terms of Use, NiceRx is found to be liable to you, then to the maximum extent permitted by applicable law, any liability on the part of NiceRx will not exceed the fees paid by the user for the particular information or service provided. NiceRx is not liable for the unauthorized use of our Content by any other websites.

Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless NiceRx, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, as to any demands, loss, liability, claims or expenses (including attorneys’ fees), made against NiceRx by any third party due to or arising out of or in connection to your violation of these Terms of Use, or with your use of this website.

Arbitration and Governing Law

If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not affect any other provision of these Terms of Use, all of which remain in full force and effect. You agree that all matters, including all disputes, relating to your access to or use of NiceRx information or services or of this website, including its contents, will be governed by the laws of the State of New York, without regard to its conflicts of law or choice of law provisions. For any dispute arising out of or in connection with these Terms of Use, the parties hereto irrevocably consent to binding arbitration in New York City, New York, with an arbitrator selected by NiceRx, under the Commercial Rules of the American Arbitration Association, and the parties hereby waive any objection that arbitration in such venue is inconvenient. You hereby agree to waive any right you may have to a trial by jury. You hereby agree to waive any right you may have to participate in any class, collective, group, or representative action or proceeding arising out of or in connection with these Terms of Use. The parties shall share the costs of the arbitrator, but each party shall be responsible for its own costs, fees, and expenses, including attorneys’ fees, in an arbitration action. The exclusive venue to enforce a final arbitration determination, shall be the state and federal courts of competent jurisdiction located in New York City, New York, and the parties hereby consent to the jurisdiction of said courts and waive any objection that venue in such courts is inconvenient. In any such final arbitration enforcement action, the prevailing party shall be entitled to recover from the non-prevailing party, in addition to any other rights and remedies available at law, in equity, or under these Terms of Use, the prevailing party’s reasonable costs, fees, and expenses, including, attorneys’ fees and court costs.

Feedback and Information

NiceRx welcomes your feedback. Any feedback you provide on this website will be deemed to be non-confidential. NiceRx will be free to use such information on an unrestricted basis.

Copyright Infringement Complaints

NiceRx respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on this website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • Identification of the URL or other specific location on this website where the material that you claim is infringing is located;
  • Your address, telephone number and e-mail address;
  • 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; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our agent for notice of claims of copyright infringement on this website can be reached by e-mail as follows: [email protected]

General Information

NiceRx may elect to monitor areas of this website by electronic or other means and may disclose any Content, records, Submissions or electronic communication of any kind (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate this website; or (iii) as permitted or required by the applicable law to protect our rights or property or the rights of the users, sponsors, providers, licensors or merchants. We are not responsible for screening, policing, editing or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or to request the removal of such Content from this website.

NiceRx’s failure to insist upon strict performance of any provision of these Terms of Use and policies will not be construed as an implicit waiver of any provision or right. These Terms of Use and NiceRx’s related policies constitute the entire agreement between you and NiceRx governing your use of this website. As stated above, your use of this website is subject to our Privacy Policy.

Questions or Additional Information

Email: [email protected]

Customer Service Line: 866-407-0777

The information contained in this website is subject to change without notice. Copyright © NiceRx. All rights reserved.

Last updated on April 27, 2024

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