Terms of Service

Last Updated: September 9th 2021

Welcome to the DermRX  (“DermRX Pharmacy”) website located at www.dermrxpharmacy.com  (the “Site”). Please read these Terms of Service (the “Terms”) and our Privacy Policy carefully because they govern your use of our Site and our pharmacy services software and prescription delivery services accessible via our Site and our mobile device application (“App”). To make these Terms easier to read, the Site, our services and App are collectively called the “Services.”

Our Services

DermRX Pharmacy provides software and prescription delivery services in certain geographic areas and for certain healthcare providers and certain pharmacies. Once you create an account and provide us with certain information, you’ll be able to order and schedule the delivery of prescriptions using the Services.

When you use our Services to request to receive a prescription, we either fulfill or process your prescription through our pharmacy (“Pharmacy”), or we work with an independent pharmacy that processes and fulfills your prescription.

By using DermRX Pharmacy, you consent to the following:

  • DermRX Pharmacy may use the personal data you provide via the Services or over the phone to process and fulfill your prescription medications;
  • If DermRX Pharmacy’s Pharmacy Partner is unable to fulfill your prescription, DermRX Pharmacy may refer your personal data to an independent pharmacy that will process and fulfill your prescription. The receiving pharmacy will contact the user to complete the payment portion of the transaction as DermRX is not transferring card holder data to the other pharmacy to process the payment;
  • If you are not present at your delivery address at the time of your prescription delivery, you acknowledge and agree that we may leave your prescription medication at your door. However, in the event of unfavorable weather conditions or other circumstances that might compromise the effectiveness or safety of your medication, or expose us to any liability we may, in our discretion, attempt re-delivery at no additional charge to you.

IF YOU DO NOT AGREE TO THE SPECIFIC TERMS ABOVE, PLEASE DO NOT USE THE DERMRX PHARMACY SERVICES.

IN THE EVENT OF A MEDICAL EMERGENCY, DO NOT USE THE SERVICES. PLEASE CALL 911.

Agreement to Terms

By using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you don’t agree to these Terms and our Privacy Policy, do not use the Services.

Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Who May Use the Services

Eligibility

The Pharmacy and prescription delivery services are only available in certain geographic areas and through certain healthcare providers. You can check our Site to see if your area is currently being serviced.

You may use the Services only if you are 18 years or older and capable of forming a binding contract with DermRX Pharmacy) and are not barred from using the Services under applicable law. Adults can use our services for their minor dependents.

Registration and Your Information

Before you can start using the Services, you’ll have to create an account first (“Account”). It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

Fees

You are solely responsible for the cost of your medication that you receive by using the Services. We will charge the cost of your prescription (including any copays) using the credit card you provide when you create an account. Your costs for a prescription purchase maybe higher through DermRX. Pricing is dependent on a variety of factors, including your insurance company, the prescription, our relationship with our independent pharmacy partner, any prescription coupons that are applicable. DermRX does not bill any government payors and does not get any reimbursement whatsoever from any government entity.

Health-Related Content

By using DermRX Pharmacy’s Services, you agree that any health-related content found in the Services provides only general, reference information and is not intended to be specific guide for self-medication purposes or a substitute for professional medical advice. If you have questions, you should discuss the content provided with a licensed healthcare professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before taking or using any device, medication, or supplement discussed on the Services.

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

You understand and agree that neither DermRX Pharmacy nor its suppliers or vendors are responsible for any claim, loss, or damage directly or indirectly resulting from your use of the Services or the information resources contained on or accessible through the Services.

Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at support@DermRX.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Privacy Policy

In order for us to provide the Services to you, you will need to provide certain personal information. Please refer to our Privacy Policy (link) for information on how we collect, use and disclose information from you and our other users.

Content and Content Rights For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.

Content Ownership, Responsibility and Removal

DermRX Pharmacy does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, DermRX Pharmacy and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You

Subject to our obligations under the federal Health Insurance Portability and Accountability Act and other applicable laws, by making any User Content available through Services you hereby grant to DermRX Pharmacy a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you.

Rights in Content Granted by DermRX Pharmacy

Subject to your compliance with these Terms, DermRX Pharmacy grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

Rights and Terms for Apps

Subject to your compliance with these Terms, DermRX Pharmacy grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. DermRX Pharmacy reserves all rights in and to the App not expressly granted to you under these Terms.

App Store Terms When you download our App from the Apple App Store, Google Play or other app store or app distribution platform (an “App Store”), you acknowledge and agree that: * These Terms are concluded between us, and not with the App Store, and that we (not the App Store), are responsible for our App. * The App Store has no obligation to furnish any maintenance and support services with respect to our App or handle any warranty claims. * The App Store is not responsible for addressing any claims you have relating to our App, such as, product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our App fails to conform to any applicable legal or regulatory requirement. * The App Store is a third party beneficiary of these Terms and has the right to enforce these Terms against you (as it relates to your license of our App through their App Store). * You must also comply with the App Store’s terms of service when using our App.

Prohibited Conduct

You agree that you will not initiate, engage in, or encourage any Prohibited Conduct in connection with your use of our Services. “Prohibited Conduct” includes doing things like: * interfering or disrupting, or attempting to interfere or disrupt, any computer or network used to provide or support the Services; * restricting or inhibiting any other user from using and enjoying the Services; * promoting, encouraging, advocating, or providing instructional information about illegal activities; * harassing, bullying or threatening other users; * impersonating another person or representing yourself as affiliated with us, our staff or other industry professionals; * soliciting passwords, account information or other personal information from other users; * except as approved by us in writing, conducting commercial activities and/or promotions or advertisements; * subleasing your account or offering “free space” on or other access to your account to others; * using the Services for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties; or * otherwise creating liability for us.

Enforcement by Us

We have the right (but not the obligation) to review any or all portions of your Content and delete (or modify) any of your Content from our Services for any reason, including if we believe, in our sole judgment, your Content violates these Terms, or that we believe constitutes or promotes Prohibited Conduct or otherwise threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing your Content from our Services (or modifying it), suspending or terminating your account and/or suspending or terminating the provision of our Services to you, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Content, and your conduct.

Links to Third Party Websites or Resources

The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at support@DermRX.com. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, Sections titled “Feedback,” “Content Ownership,” “Responsibility and Removal,” “Warranty Disclaimers,” “Limitation of Liability,” “General Terms.”

Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

DERMRX PHARMACY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESSED OR IMPLIED, REGARDING A PHARMACY’S PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, OR ACCURACY IN FULFILLING YOUR PRESCRIPTION. DERMRX PHARMACY EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY INCORRECTLY PROCESSED PRESCRIPTION BY THE RELEVANT PHARMACY OR ANY INACCURATE INFORMATION PROVIDED BY YOU. DERMRX PHARMACY EXPRESSLY DISCLAIMS ANY LIABILITY FOR CANCELLED OR OTHERWISE UNFULFILLED ORDERS OR ANY INJURY OR DEATH RESULTING THEREFROM.

WHEN YOU RECEIVE YOUR PRESCRIPTION, IT IS SOLELY YOUR RESPONSIBILITY TO ENSURE IT WAS PROPERLY FULFILLED AND THAT YOU CONSUME THE PROPER DOSAGE. ADDITIONALLY, IT IS YOUR SOLE RESPONSIBILITY TO STORE ALL PRESCRIPTIONS PROPERLY AND IN ACCORDANCE WITH THE GUIDELINES PROVIDED BY THE PRESCRIPTION MANUFACTURER. IF YOU HAVE ANY QUESTIONS REGARDING YOUR PRESCRIPTION, PLEASE CONSULT YOUR PHYSICIAN.

Limitation of Liability

NEITHER DERMRX PHARMACY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DERMRX PHARMACY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL CLIENT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO DERMRX PHARMACY FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO DERMRX PHARMACY, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DERMRX PHARMACY AND YOU.

General Terms

These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflicts of law rules or principles. By using our Services you consent to personal jurisdiction and venue in the state and federal courts for San Francisco County, California for any lawsuit filed there against you by us arising from or relating to these Terms or our Services.

These Terms constitute the entire and exclusive understanding and agreement between DermRX Pharmacy and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between DermRX Pharmacy and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without DermRX Pharmacy’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. DermRX Pharmacy may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by DermRX Pharmacy under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

DermRX Pharmacy’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of DermRX Pharmacy. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Messaging

By entering into this Agreement or using DermRX’s Services, you agree to receive communications from us, including via text messages [and any other method that DermRX intends to contact users]. You agree that text messages may be generated by automatic telephone dialing systems. Communications from DermRX will include transactional or operational communications concerning your account or use of DermRX’s Services. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

IF YOU WISH TO OPT OUT OF ALL TEXTS FROM DERMRX (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS), YOU CAN TEXT THE WORD STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT TO DermRX FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF DERMRX’S SERVICES.

Contact Information

If you have any questions about these Terms or the Services, please contact DermRX Pharmacy info@dermrxpharmacy.com