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 (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!
By clicking “I Agree,” you
affirmatively agree to be bound by this Agreement, including without limitation
the website’s Terms & Conditions, the End User Agreement, and the Privacy
Policy, which applies
to all Venues. If you do not agree to be bound by this
Agreement, including without limitation the Terms
& Conditions, End User Agreement and the Privacy
Policy, do not agree to this Agreement and you will not submit your
request to access YPO.