Terms of Use
We welcome you to our website. We at ECB Rx, LLC (“ECB Rx”, “we” or “us”) have developed this Rx 'n Go website (the "Website" or the "Site") to make it easy and convenient for enrollees in our prescription drug purchasing programs to order prescriptions and review information about prescription medications (our "Rx 'n Go Program"). The following Website Terms of Use (our “Terms”) govern your use of our Website. For your convenience, Section 19 provides a full set of definitions used in these Terms. Our Privacy Policy (available at www.rxngo.com/privacy) sets out our privacy and data-security practices.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU USE THE SITE OR REGISTER AS AN ENROLLEE AT THE SITE. BY USING THE SITE OR REGISTERING AT THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR SITE, AND PLEASE DO NOT REGISTER AS AN ENROLLEE.
Table of Contents (for convenience)
1. About Our Website
2. Your Agreement to These Terms
3. Protecting Your Password
4. Grant of Rights
5. Ownership; Reservation of Rights
6. Our Program Service Providers
7. Links to Third-Party Sites
8. Code of Conduct
9. Revocation or Suspension of Use Privileges
10. Submitted Content
11. Warranty Disclaimer
12. Limitation of Liability
13. Indemnity
14. Contact for Alleged Copyright Infringement
15. Additional Terms for Certain Services or Sites
16. Modifications to These Terms
17. Assignment
18. General
19. Definitions
20. Survival
21. Contact Us
22. Effective Date
1. About Our Website
We may provide our Enrollees with prescription drug information. This information is for reference only and should not be used to determine treatment for specific medical conditions -- only your health care provider can do that. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any drug discussed on this Website.
YOU SHOULD NEVER CHANGE OR STOP ANY COURSE OF TREATMENT PRESCRIBED BY YOUR PHYSICIAN WITHOUT FIRST CONSULTING HIM OR HER.
YOU SHOULD NOT USE OUR WEBSITE IF YOU HAVE AN EMERGENCY OR THINK THAT YOU NEED TO SPEAK WITH SOMEONE URGENTLY.
IF YOU HAVE AN EMERGENCY, YOU SHOULD CALL 911 OR GO TO THE EMERGENCY DEPARTMENT OF YOUR LOCAL HOSPITAL IMMEDIATELY.
The Website and its health-related information and resources are not intended to provide, and should not be taken as providing, medical, nursing, or professional health care advice or services. Do not make medical decisions without first consulting your personal physician or other healthcare professional, and never disregard professional medical advice, or delay in seeking it, because of something you have read on this Website.
2. Your Agreement to These Terms
These Terms govern your use of the Website. Please read these Terms carefully; they establish our legal relationship. By accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.
3. Protecting Your Password
Our Website is divided into two, broad areas and feature-sets: (i) those areas and features that are accessible to all Users (the "General Site"); and (ii) those areas that are password-protected (the "Password-Protected Areas").
Please keep in mind that we will treat as "you" anyone who uses your password to access the Password-Protected Areas. We will provide this User with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. Therefore, we recommend that you maintain your password in confidence, and that you refrain from disclosing this information to anyone who might "pretend" to be you with respect to the services and your participation on our Site. We also ask that you notify us immediately if you suspect that someone is using your password in this manner.
4. Grant of Rights
Provided you comply with these Terms and our Privacy Policy, under our intellectual property rights (and under the Use Rights granted in Section 8 (Submitted Content)), you are granted the following rights:
4.1. Access Rights. You are granted the right to access the Website for purposes of (i) reviewing and learning more about our Rx 'n Go Program; (ii) participating in our Rx 'n go Program; and (iii) employing -- for your non-commercial, personal use only -- the information you learn via our Site and the Content you find on our Site (collectively, "Permitted Purposes"). You agree and acknowledge that you are prohibited from using Content for anything other than Permitted Purposes.
4.2. Additional Rights. In addition, you are granted the right (i) to print out or download a reasonable number of pages from our Website, (ii) to circulate copies of these pages, and (iii) to modify the Content on the pages, and distribute this modified Content; provided that (a) you employ such materials for Permitted Purposes only, and (b) that you retain any copyright notices as they appear on the original materials on our Website.
4.3. Restrictions on Non-Permitted Purposes. Apart from your express rights under Section 4.1 (Access Rights) and Section 4.2 (Additional Rights), you may not use, copy, modify, distribute, or access our Website, or any materials that we have made available, or that our Users might make available, on the Site.
5. Ownership; Reservation of Rights
All Content, information, software, artwork, text, video, audio, pictures, logos, and other material on the Website, including all associated intellectual property rights, are the proprietary property of ECB Rx, our Users, or our associated licensors (or are included under principles of "Fair Use"), and are protected by copyright and other intellectual property laws. As between you and ECB Rx, ECB Rx retains all rights with respect to the Website except (i) those expressly granted to you in Section 4 (Grant of Rights), above, and (ii) those that you hold in your own Content.
6. Our Program Service Providers
To facilitate efficient, secure, and HIPAA-compliant delivery of our Rx 'n Go Program to you, we have engaged, and rely on, two third-party service providers, independent of ECB Rx (our "Program Service Providers"). First, we have engaged a Benefit Administration Provider (the "Program BAP"). The Program BAP's responsibilities include processing and adjudicating pharmacy claims with respect to our Program. Second, we have engaged a pharmacy (the "Program Pharmacy"), and the Program Pharmacy's responsibilities include communicating with your physician concerning your prescriptions and filling these prescriptions. Our Privacy Policy uniformly governs how ECB Rx, our Program BAP, and our Program Pharmacy each treat your Personal Information in our Rx 'n Go Program. Although a single Privacy Policy governs ECB Rx and our Program Service Providers, there may be differences between the ECB Rx Terms of Use (and our Code of Conduct, below) and the terms of use and "codes of conduct" that apply on the websites of our Program Providers. Therefore, if you leave our Website to visit and act through the websites of our Program Providers – and when you leave our site your browser will show a different "address" (the text in your browser window, generally beginning with the phrase "http:" -- you should review the terms of use of our Program Service Providers.
7. Links to Third-Party Sites
The Website may contain links or produce search results that reference links to third party Websites (collectively "Linked Sites"). ECB Rx has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. ECB Rx does not endorse the content of any Linked Site, nor does ECB Rx warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
8. Code of Conduct
As a condition to your use of the Website, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:
- Use the Website in a manner that could disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
- Seek to obtain access to any materials or information through "hacking" or through other means we have not intentionally made available to you through the Website.
- Impersonate or falsely claim (a) to be a third party, or (b) to be authorized to act on behalf of a third party.
- Submit material that is defamatory, intentionally false, unlawfully threatening, unlawfully harassing, or that is otherwise illegal.
- "Scrape," "harvest," or otherwise employ automated tools to collect Content from the Site, beyond the permissions granted in Section 4 (Grant of Rights).
- Transmit materials through the Site that you know or should know contain viruses, Trojan horses, worms, time bombs, malware, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
9. Revocation or Suspension of Use Privileges
We reserve the right at any time to terminate or suspend your access to some or all of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct.
10. Submitted Content
We may provide facilities to allow our users to post Content on our Site. If you provide or post Content on our Site, by email or otherwise, we will treat the Content as non-confidential and nonproprietary to you. Moreover, by posting Content on the Website, (i) you authorize and license us, our Enrollees, and others to distribute, modify, copy, and use the Content, for all purposes and without an obligation to compensate you (collectively, "Use Rights"). Moreover, in posting Content to our Website, you warrant that you have sufficient authority and right to submit or post the information, and provide these Use Rights. You continue to retain all ownership rights in your Content, subject to the Use Rights you grant under this Section 10 (Submitted Content).
11. Warranty Disclaimer
ECB Rx does not promise that the Website will be error-free or uninterrupted, or that the Site will provide specific results from your use of any Content, search, or link on the Site. The Site, and all services on the Site are delivered on an "AS IS" and "AS AVAILABLE" basis. ECB Rx does not warrant or represent that files you download from the Site will be free of viruses or other harmful features. ECB RX DISCLAIMS RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, CURRENCY, AVAILABILITY, OR COMPLETENESS OF CONTENT FOUND ON THE WEBSITE, AND ADVISES YOU TO MAKE MEDICAL DECISIONS BASED ON CONSULTING YOUR PERSONAL PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. ECB RX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELATED SERVICES IS AT YOUR SOLE RISK.
12. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL ECB RX, ITS PROGRAM PROVIDERS, OR ITS SITE VENDORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE SITE, THE SERVICES, OR THE CONTENT. THE LIABILITY OF ECB RX, ITS PROGRAM PROVIDERS, OR ITS SITE VENDORS SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED AN AMOUNT EQUAL TO THE PAYMENTS MADE BY YOU WITH RESPECT TO THE RX 'N GO PROGRAM OVER THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM.
13. Indemnity
You agree to defend, indemnify, and hold ECB Rx and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms.
14. Contact for Alleged Copyright Infringement
ECB Rx respects the intellectual property rights of others and requires that its users do the same. If you believe that Content available on the Site or other activity taking place on the Site constitutes infringement of a work protected by copyright (a "Work"), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows:
ECB Rx, LLC.
250 E. Fifth Street, Suite 1500
Cincinnati, OH 45202
email at: mort@rxngo.com
Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
15. Additional Terms for Certain Services or Sites
We may offer services or features that are subject to additional or different terms. We will notify you if the feature you are accessing is subject to terms that differ from these Terms, and you will have the opportunity to decline to participate in such sites or services, if you do not agree with the differing terms.
16. Modifications to These Terms
If we modify these Terms, any such modifications will take effect proactively, upon your subsequent access to the Website. Please feel free to print out a copy of these Terms for your records.
17. Assignment
These Terms of Use shall not be assignable by you, either in whole or in part. ECB Rx reserves the right to assign its rights and obligations under these Terms.
18. General
These Terms and our Privacy Policy shall be governed in all respects by the laws of the State of Ohio without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the State of Ohio, in the judicial district that includes Mason, Ohio for any disputes arising out of these Terms or our Privacy Policy. The parties further agree that any cause of action arising under these Terms shall exclusively be brought in such courts. If any provision of these Terms, or our Privacy Policy is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. ECB Rx's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms and our Privacy Policy set forth the entire understanding and agreement between ECB Rx and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
19. Definitions
19.1. Content. The term "Content" means information, text, video, audio, pictures, and other material made available on the Site in connection with our Rx 'n Go Program (whether provided by you, by other users, or by us). The term "Content" does not mean software or other functionality the ECB Rx or our site vendors use to administer, publish, or make available the Site or Site features. The term "Content" similarly does not include Personal Information; provided, however, that Personal Information a user chooses to disclose in his or her contributions to a public posting will constitute "Content."
19.2. Enrollee. The term “Enrollee” means an individual who is duly enrolled in, and entitled to receive services through, the Program.
19.3. Permitted Purposes. The term "Permitted Purposes" has the meaning provided in Section 3.1 (Access Rights).
19.4. Personal Information. The term "Personal Information" has the meaning set out in our Privacy Policy.
19.5. Privacy Policy. The term "Privacy Policy" means the Website privacy policy, located at www.rxngo.com/privacy.
19.6. Terms of Use or Terms. The term "Terms of Use" or "Terms" means these Website terms of use, located at www.rxngo.com/terms.
19.7. Use Rights. The term "Use Rights" has the meaning provided in Section 10 (Submitted Content).
20. Survival
The following provisions shall survive the termination of these Terms and shall apply indefinitely:
Section 5 (Ownership; Reservation of Rights)
Section 10 (Submitted Content)
Section 11 (Warranty Disclaimer)
Section 12 (Limitation of Liability)
Section 13 (Indemnity)
Section 17 (Assignment)
Section 18 (General)
Section 20 (Survival)
21. Contact Us
You may contact us for any reason (other than matters that are to be directed to our DMCA Agent, as identified in Section 14) at the following addresses:
ECB Rx, LLC.
250 E. Fifth Street, Suite 1500
Cincinnati, OH 45202
email at: info@rxngo.com
22. Effective Date
The effective date of these Terms is April 10, 2009.