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Health Mart Your pharmacy online

Customer Registration Agreement

Please read the following Customer Registration Agreement (“Agreement”) carefully before deciding whether to register for access to the Your Pharmacy Online service ("YPO"). YPO is provided to you by your pharmacy ("Pharmacy") in conjunction with Health Mart Systems, Inc. and its affiliates ("Health Mart"). Registration with YPO will permit you to access certain health-related content ("Content") as well as to track and manage your prescriptions, request online refills, receive newsletters, obtain refill reminders and other services that may be available from time to time ("YPO Services") at your Pharmacy.

By clicking “I Agree” below, you are submitting a request for access to YPO and you are agreeing, to be bound by the terms and conditions of this Agreement with Health Mart. If you do not agree, you should click “I Do Not Agree” and you will not be permitted to access YPO.

Make sure to print a copy of this Agreement for your records.

1. Electronic Communications

You understand by signing up to access YPO, you are agreeing to engage in electronic transactions and that electronic agreements and electronic signatures are binding and meet any legal requirements that any document or signature be in writing.

2. Solicitation to Request Access

Nothing on YPO constitutes an "offer" on behalf of Health Mart or the Pharmacy, but is rather an invitation for you to request to access YPO to receive the Content and YPO Services. Health Mart may require additional verifications or information before granting any request to access YPO.

All offers set forth on YPO are void where prohibited.

Following our receipt of your request to access YPO, Health Mart will send you electronic confirmation of your submission to the e-mail address you provide in your request.

3. Consent and Agreement

YPO may be accessed via an Internet website, mobile enhanced website, or a mobile application (each, a "Venue"). Your use of YPO is subject to the posting of any official terms or policies applicable to the Venue, including without limitation any website’s Terms & Conditions of Use or the mobile application’s End User Agreement[A1] (as applicable), and the Privacy Policy, which applies to the website, mobile website, and mobile application (collectively, the "Venue Terms"). Access to YPO via any venue requires agreement to the applicable Venue Terms.

4. User Names and Access

If your request to access YPO is approved by Health Mart, you will be provided with access to YPO via a user name and password, which will allow you access to YPO regardless of the Venue, subject to your agreement with the Venue Terms. You are responsible for all activity under any user name assigned to your account regardless of the Venue. You have the sole responsibility for ensuring the confidentiality of the user name and password for your account. You agree to immediately notify Health Mart of any unauthorized use of your account or any user name assigned to your account and any other breach of security of which you become aware.

5. Services

Subject to approval of your request for YPO access and your compliance with this Agreement, Health Mart grants to you a non-exclusive, non-transferable, limited license to access and use YPO (including the Content and YPO Services) solely for your personal use.

We reserve the right to change, modify, suspend or discontinue any aspect of the Content or YPO Services available, or YPO in its entirety, at any time without notice.

You acknowledge that you will be responsible for (i) obtaining and maintaining all computer hardware, software and communications equipment necessary to access YPO in your Venue of choice, and (ii) paying all third-party telecommunications or other charges incurred by you while using YPO.

The Content made available to you on YPO is to be used for informational purposes only. You acknowledge that the Content is in no case to be used as a substitute for professional medical advice nor is it intended to be relied upon by any person or entity for purposes of medical diagnosis or treatment. Health Mart or its vendors shall use commercially reasonable efforts to ensure the accuracy of the Content, but neither Health Mart, Pharmacy, nor their respective affiliates or vendors guarantees the sequence, accuracy, or completeness of the Content and shall not be liable in any way to you, or anyone else to whom the Content may be furnished, for any delays, inaccuracies, unavailability, errors or omissions in the Content. Such Content is relied upon at your own risk and sole discretion.

Health Mart only provides a forum for you to access YPO for the purposes of obtaining the Content and YPO Services. Neither Health Mart nor its vendors is a party to, nor is Health Mart or its vendors otherwise involved in, any transactions entered into between you and your Pharmacy, even if such transaction occurs via YPO. Furthermore, neither Health Mart nor its vendors shall be liable for any dispute that arises between you and the Pharmacy or any third party.

6. Proprietary Ownership

You acknowledge that YPO and all Content, and underlying technology, names, logos, text, audio, forms, documents, materials, data, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on YPO are the sole property of the Pharmacy, Health Mart, or its vendors, as applicable, and are protected by copyright, trademark, service mark, trade secret, trade dress, patent and other intellectual property laws, as applicable. You acquire no right, title or interest in YPO, Content or Services, or any copyrighted works, trademarks or any other intellectual property except the limited license granted in Section 5 above.

Any feedback, suggestions, solutions, improvements, corrections or other contributions you provide regarding the Content, YPO Services or YPO shall become the sole property of Health Mart and you agree to assign and hereby assign any and all such rights to Health Mart without charge. You further agree to take all acts reasonably requested by Health Mart to confirm Health Mart's ownership of such items.

7. Prohibited Uses

Nothing in this Agreement may be construed as granting you any other right in YPO outside of the limited license to access YPO, Content and YPO Services. You may not otherwise use, reproduce, modify, mirror, transmit, display, make, offer to sell, sell, license, decompile, disassemble, reverse engineer, distribute, or create derivative works from YPO or any part thereof, or any content or technology contained therein. You may not send unsolicited messages (e.g. spam) through YPO, or post or submit information containing viruses, or any computer programs that result or may result in the damage, interference with or interception or expropriation of YPO, or any related system, software, hardware, data or other information. You may not use any robot, spider or other automatic device or manual process to monitor or copy YPO web pages or any content contained on or available through YPO, including without limitation the Content.

You may not use YPO (i) in an offensive manner towards any individual or person, (ii) for political purposes, (iii) to harm or exploit minors in any way, (iv) to post, submit or transmit unlawful, harmful, tortuous, defamatory, profane, libelous, hateful or otherwise offensive material, (v) in a racially, ethnically or otherwise impermissibly discriminating manner, (vi) to post or reference obscene, pornographic, indecent or illegal materials, (vii) to discuss, incite or otherwise solicit illegal activity, or (viii) in any manner that infringes upon the rights of any individual or other person, including, but not limited to intellectual property, publicity or privacy rights.

Health Mart may, but shall have no obligation to, access and review all information and data provided by you for compliance with the terms of this Agreement or otherwise as set forth in the applicable Privacy Policy.

8. Cancellation and Termination

Health Mart reserves the right to terminate or suspend your access to and use of YPO, in part or in whole in any and all Venues, at any time in the event of (i) your breach or suspected breach of any of the provisions of this Agreement, including without limitation any of the Venue Terms (ii) your use or misuse of YPO, Content or Services, for any activity or course of conduct that Health Mart deems to be unlawful or unethical, (iii) in the event Health Mart reasonably determines that such termination is necessary or proper, or (iv) Health Mart ceases providing YPO, Content or YPO Services. To the extent reasonably possible, Health Mart may provide you advance written notice of such termination or suspension.

9. No Liability

Use of the Internet and mobile devices is inherently unreliable. While Health Mart takes commercially reasonable efforts to protect the privacy and confidentiality of your information and transactions in the Venues, Health Mart cannot ensure any Internet or mobile transaction is completely secure. Health Mart and its vendors use industry standard technology to help protect against the loss, misuse and alteration of the information under Health Mart’s control; however, Health Mart and its vendors do not guarantee that such loss, misuse or alternation will not occur.

You understand and expressly agree that use of YPO is at your own risk. Neither Health Mart, the Pharmacy nor their respective affiliates, vendors, or suppliers are responsible for any virus or damage to your computer, computer software, mobile device, or any loss of data that may result from use of YPO or access to any Content or YPO Services.

In no event shall Health Mart, the Pharmacy, or any of their respective vendors, affiliates, officers, members, representatives, suppliers, directors, employees, consultants, owners, or agents be liable for any damages for loss of use, data, information, profits, business, revenue, expected savings or business interruption, or any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever arising out of or in any way related to (i) YPO, Content or YPO Services, (ii) the use or performance of YPO or any linked website or mobile application or any Content, YPO Services or other material, services or information obtained through YPO, or (iii) otherwise arising out of YPO, Content, or YPO Services or the use or the inability to use YPO, Content or YPO Services, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if Health Mart, the Pharmacy, or any of their respective vendors or affiliates have been advised of the possibility of such damages or such damages are otherwise foreseeable. Your sole and exclusive remedy in the event of such damage is to discontinue your access to and use of YPO, Content and YPO Services. Notwithstanding the foregoing, in no event will the aggregate liability of Health Mart, the Pharmacy and their affiliates and vendors for any reason exceed $1,000.00, regardless of whether the foregoing remedies should fail of their essential purpose.

The above limitations may not apply to you to the extent such limitation is prohibited by law.

10. No Warranty

YPO, Content and YPO Services are provided on an “as is,” “as available” and “with all faults” basis. Health Mart, the Pharmacy, and their respective vendors and affiliates disclaim all other warranties with respect to YPO, Content and YPO Services, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement and any warranties arising from a course of dealing or usage in trade. None of Health Mart, the Pharmacy, or their respective vendors and affiliates make any warranty or representation regarding (a) the results that may be obtained from use of YPO, Content or YPO Services, (b) any material, information or data downloaded or otherwise obtained from YPO or (c) the accuracy or reliability of any information obtained from YPO, Content, or YPO Services. None of Health Mart, the Pharmacy, or their respective vendors or affiliates shall have any responsibility for the timeliness, deletion, mis-delivery or failure to store any user communication.

Health Mart provides the Content and YPO Services to you through the Internet or wireless communication systems via YPO, which are subject to outages, communication and data flow failures, interruptions and delays inherent in Internet or wireless communications. You recognize that problems with the Internet or wireless networks, including equipment, software and network failures, impairments or congestion or the configuration of your computer systems, may prevent, interrupt or delay your access to YPO. None of Health Mart, the Pharmacy, or their respective vendors or affiliates shall be liable for any delays, interruptions, suspensions or unavailability of YPO, or any portion of YPO, attributable to problems with the Internet or wireless systems or configuration of your computer systems. There is no warranty or guarantee that access or use of YPO, Content or YPO Services will be uninterrupted or error-free.

No advice or information, whether oral or written, obtained by you from Health Mart, the Pharmacy or their respective affiliates or vendors in any manner will create any warranty.

11. Your Representations and Warranties

By clicking “I Agree” below, you represent and warrant that (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into this Agreement with Health Mart, (iii) the information you have provided to Health Mart in your registration application is accurate and complete (iv) you will comply with any and all laws applicable to your use of YPO, (v) you will not interfere with a third party’s use and enjoyment of YPO, and (vi) you will not interfere with or disrupt Health Mart’s or its vendor’s security measures. If any information you provide to Health Mart becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Health Mart.

You also represent, warrant and covenant that your use of YPO will be consistent with any and all applicable local, state, national, foreign and international laws and regulations, including, but not limited to any applicable export control laws, data security laws, and privacy laws. You will not engage in advertising to or solicitation of any other users of YPO, nor will you transmit any spam, chain letters or other similar communications to other users via YPO. You will promptly report any violation of this Agreement to Health Mart.

In the future, YPO may provide the functionality to allow you to manage multiple user profiles and thus manage the prescriptions for third party individuals, such as minor children or other dependants you support. To the extent this feature is enabled and you use it, you represent and warrant that you have the full legal authority to manage prescriptions on behalf of said individuals.

If your Pharmacy elects to receive a fully integrated version of YPO, then all information displayed on the YPO platform will reflect all the prescription information in your pharmacy’s pharmacy management system. Be entering into this Agreement, you hereby consent to this display of information. Further, you acknowledge and agree that YPO may provide educational tools and other resources to you, including adherence tools, based on the prescription drugs you are taking.

12. Indemnification

You agree to indemnify, defend and hold harmless Health Mart, the Pharmacy and their respective vendors, affiliates, and their officers, members, representatives, directors, employees, consultants, owners, suppliers and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys’ fees) arising from your use or misuse of YPO, Content or YPO Services, your use or misuse of any material, information or data downloaded or otherwise obtained from YPO, any YPO activity in any Venue involving your user ID, your violation of this Agreement or any Venue Terms, your violation of your representations and warranties set forth in this agreement, or your violation of any applicable law, including without limitation any privacy or data security law or regulation. Notwithstanding the foregoing, Health Mart, the Pharmacy and their respective vendors reserve the right to participate in the defense of any such claim subject to your indemnification obligation.

13. Interpretation and Disputes

This Agreement shall be governed by and construed in accordance with the laws of the State of California and the federal laws of the United States, without regard to conflicts of laws principles. This Agreement and access to YPO shall be deemed to have been performed and occurred in the State of California and the courts of that State shall have exclusive jurisdiction to entertain any action arising under this Agreement. You hereby irrevocably submit to the exclusive jurisdiction and venue of the courts of the State of California, and the County of San Francisco and the Northern District of California, as applicable, and waive any objections as to personal jurisdiction, venue and forum non conveniens.

In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs. If a court or arbitrator deems any provision of this Agreement unenforceable or invalid, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of this Agreement shall be interpreted and read to give them maximum enforceability. Any cause of action or claim with respect to YPO must be commenced within one (1) year after the action or claim arises.

Certain provisions, by their nature or as explicitly stated, will survive any termination or expiration of this Agreement.

14. Contacting Us

If you have any other questions or concerns regarding this Agreement, please contact us at:

Health Mart Systems, Inc.

One Post Street

San Francisco, CA 94104

1-855-458-4678

15. Entire Agreement

By clicking “I Agree”, you hereby agree to the above Agreement, together with the applicable Venue Terms. These documents constitute the entire agreement between you and Health Mart with respect to the subject matter discussed above. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Health Mart. This Agreement supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding this subject matter. This Agreement will inure to the benefit of Health Mart’s successors, assigns and licensees. Print a copy of this Agreement for your records!