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Website Terms of Use



Agreement between user and Medical Plaza Pharmacy Inc. for the use of http://www.positiveoutcomesrx.com


Welcome to http://www.positiveoutcomesrx.com. The http://www.positiveoutcomesrx.com website (the "Site") is comprised of various web pages operated by Medical Plaza Pharmacy Inc. ("MPP"). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.


MPP is a pharmacy. The Site is intended to provide the public with access to information about our pharmacy practice and to allow our patients to contact our pharmacy staff.


ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT INTENDED TO SERVE AS, OR TO SUBSTITUTE FOR, THE ADVICE OF A HEALTCARE PROFESSIONAL. YOU MUST TALK TO YOUR TREATING HEALTHCARE PROFESSIONALS FOR ALL CLINICAL ADVICE INCLUDING DIAGNOSIS AND TREATMENT. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, IMMEDIATELY CONTACT 911.


Privacy


Your use of the Site is also subject to, and constitutes your agreement to, MPP's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.


Electronic Communications

Visiting the Site, communicating with MPP through the Site, or sending emails to MPP constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email or on the Site, satisfy any legal requirement that such communications be in writing. If you provide MPP with your residential or wireless telephone or fax number through an electronic or other communication, you are expressly consenting to receive text messages, faxes, autodialed and/or prerecorded calls from or on behalf of MPP at that number. Your wireless carrier’s standard messaging, data, and other rates may apply. You may revoke this consent by contacting MPP in writing at the email address or street address in the “Contact Us” section below.


MPP may make available a chat function for you to communicate with an MPP staff member through the Site. This service is provided solely as a convenience to our customers. You are not required to use the chat function to contact MPP; instead you can contact us through any of the methods identified in the “Contact us” section, below, or as otherwise listed on the Site. While we endeavor to protect the privacy and security of information transmitted through the chat function, as required by law, we cannot guarantee that it will not be intercepted during transmission via the internet. By using the chat function, you confirm your understanding that information transmitted through the chat function, including personal information and protected health information, is sent over the open internet and may be viewable by third parties.


If you send us any suggestions, comments, or other feedback (collectively “Feedback”) you hereby represent and warrant to MPP that you own all rights to the Feedback, and grant MPP a perpetual, irrevocable, unrestricted, worldwide, royalty-free, sublicensable, assignable license to use, reproduce, display, transmit, distribute, and create derivative works from, your Feedback, in whole or in part.


MPP does not knowingly collect personal information online from persons under the age of thirteen. Persons under the age of thirteen are instructed not to send Alphascript any information online. If you are under eighteen, you may use the Site only with permission of a parent or guardian.


Links to third party sites/Third party services


The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of MPP and MPP is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MPP is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MPP of the site or any association with its operators.


Certain services made available via the Site may be delivered by third party sites and organizations. By using any product, service or functionality originating from the http://www.positiveoutcomesrx.com domain, you hereby acknowledge and consent that MPP may share such information and data with any third party with whom MPP has a contractual relationship to provide the requested product, service or functionality on behalf of Site users and customers.


No unlawful or prohibited use/Intellectual Property


You are granted a personal, non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms and applicable law. As a condition of your use of the Site, you represent and warrant to MPP that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not submit any material through the Site that is unlawful, threatening, libelous, defamatory, obscene, or harassing. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You may not misrepresent yourself or provide false or misleading information through the Site. You may not permit any other person to take any actions regarding this site that are prohibited by law or these Terms.


All content included as part of the services provided by the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of MPP or its suppliers or of a third party that has licensed its use to MPP, and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.


You will not copy, modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. MPP content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of MPP and the copyright owner. You agree that you do not acquire any ownership rights in any content. We do not grant you any licenses, express or implied, to the intellectual property of MPP or our licensors except as expressly stated in these Terms.


International Users


The Site is controlled, operated and administered by MPP from within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use any content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.


Indemnification


You agree to indemnify, defend and hold harmless MPP, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any communications made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. MPP reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MPP in asserting any available defenses.


Liability disclaimer


THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MEDICAL PLAZA PHARMACY INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME IN ITS SOLE DISCRETION.


MEDICAL PLAZA PHARMACY INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MEDICAL PLAZA PHARMACY INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEDICAL PLAZA PHARMACY INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MEDICAL PLAZA PHARMACY INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.


Termination/access restriction


MPP reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms are governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. In addition, you agree to provide us with thirty (30) days’ notice before taking any legal action relating to a dispute under these Terms. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.


You agree that no joint venture, partnership, employment, or agency relationship exists between you and MPP as a result of these Terms or use of the Site. MPP's performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of MPP's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MPP with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.


Unless otherwise specified herein, these Terms constitute the entire agreement between the user and MPP with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MPP with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.


Changes to Terms


MPP reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. MPP encourages you to periodically review the Terms to stay informed of our updates.


Miscellaneous


Failure or delay on the part of MPP to exercise any right, power, privilege or remedy hereunder shall not constitute a waiver thereof. No provision of these Terms may be waived by MPP except by a writing signed by an authorized representative of MPP.


These Terms are binding upon and inure to the benefit of you and MPP and their respective successors and permitted assigns. However, you may not assign any of your rights or delegate any of your obligations under these Terms without the prior written consent of MPP. MPP may assign its rights and/or delegate its obligations under these Terms to any of its affiliates or successor companies. Assignments made in violation of this provision are null and void.


Contact Us


MPP welcomes your questions or comments regarding the Terms:


Medical Plaza Pharmacy
c/o Alphascript Inc.
1160 Industrial Road #17
San Carlos, California 94070


Email Address:
compliance@alphascriptrx.com


Telephone number:
800-780-3584


Effective as of March 01, 2017



Legal/Privacy | Positive Outcomes Pharmacy | © 2013