Terms and Conditions
2. Use of Services.
NOT FOR EMERGENCIES. The ExpressMedRefills.com Services are not for use for medical emergencies or urgent situations. IF YOU THINK YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY.
Cost. Please see ExpressMedRefills.com Services & Fees Page.
Medical Disclaimers. ExpressMedRefills.com makes no warranty as to the content of any treatment response. You and your physician are solely responsible for all information and/or communication sent during a teleconsultation or other communication. ExpressMedRefills.com does not guarantee that a teleconsultation is the appropriate course of treatment for your particular health care problem. You agree to contact your physician immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately. ExpressMedRefills.com SCREENS AND CONFIRMS THE QUALIFICATIONS FOR ALL OF OUR TELEMEDICINE PROVIDERS.
Prescriptions. You agree that any prescriptions that you acquire through the ExpressMedRefills.com Services shall be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.
Educational Resources. ExpressMedRefills.com may send you newsletters regarding common medical and health related topics or preventive care messages containing specific medical and health related information, links to other related Web sites and specific questions related to your ExpressMedRefills.com Record. Additionally, ExpressMedRefills.com makes available self care informational services which provide general medical and health information. These communications and resources are not comprehensive medical text and do not include all the potential information regarding the subject matter. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific medical diagnosis and treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by ExpressMedRefills. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment. The information contained these communications and resources are compiled from a variety of sources and may or may not be considered authored by ExpressMedRefills. ExpressMedRefills makes no warranty as to the content of these materials or the information contained therein.
Intellectual Property. ExpressMedRefills hereby grants you a limited, revocable, non-transferable and non-exclusive license limited solely to viewing or downloading a single copy of the material on the ExpressMedRefills web site and to use the ExpressMedRefills software to the extent necessary to use the ExpressMedRefills Services solely for you personal, noncommercial use. With the exception of your Medical Records, ExpressMedRefills retains all right, title and interest in and to ExpressMedRefills , the ExpressMedRefills Services and any content, products, documentation, software or other materials on the ExpressMedRefills web site, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing. The information available through the ExpressMedRefills Services is the property of ExpressMedRefills. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information owned by ExpressMedRefills received through the ExpressMedRefills Services to anyone, including but not limited to others in your organization. Use, reproduction, copying, or redistribution of ExpressMedRefills logos is strictly prohibited without written permission from ExpressMedRefills.
3. Legal Notices and Disclaimers.
General Disclaimers. YOU ACKNOWLEDGE THAT YOUR USE OF THE Consult A Doctor SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW ExpressMedRefills AND ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, "AFFILIATES") HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, ExpressMedRefills AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE ExpressMedRefills PRODUCTS AND SERVICES PROVIDED HEREUNDER.
ExpressMedRefills MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE ExpressMedRefills SERVICES.
Limitation of Liability. IN NO EVENT SHALL ExpressMedRefills NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (i) THE PURCHASE PRICE FOR THE PRODUCT, OR (ii) IN THE EVENT NO PURCHASE PRICE WAS PAID OR REQUIRED, $1,000. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ExpressMedRefills NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR ANY SERVICE OFFERED THROUGH THIS WEB SITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON THIS WEB SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ExpressMedRefills IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURSIDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY; SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS.
General Legal Provisions.
Third Party Sites. Although ExpressMedRefills may include links providing direct access to third-party Internet sites as a convenience, the inclusion of a link does not imply endorsement of the linked site by ExpressMedRefills. ExpressMedRefills takes no responsibility for the content or information contained on those other sites, and does not exert any editorial or other control over those other sites. Nor does ExpressMedRefills take responsibility for the privacy policies and practices of these third-party links.
Operation and Record Retention. ExpressMedRefills reserves complete and sole discretion with respect to the operation of the ExpressMedRefills Services. ExpressMedRefills may, among other things withdraw, suspend or discontinue any functionality or feature of the ExpressMedRefills Services. ExpressMedRefills is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers. ExpressMedRefills is not responsible for maintaining data arising from use of the ExpressMedRefills Services. ExpressMedRefills reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the ExpressMedRefills Service pursuant to its internal record retention and/or destruction policies.
Limitations on Use. You agree not to access or use the ExpressMedRefills Services in an unlawful way or for any unlawful purpose. You agree not to post or transmit: (a) a message under a false name; or (b) any information which (i) is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, Trojan horse or other code which is contaminating or destructive to the files or programs of ExpressMedRefills or any of its affiliates. ExpressMedRefills reserves the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.
Third Party Rights. The indemnification provisions set forth above and the provisions under Section 3 Legal Notices and Disclaimers are for the benefit of ExpressMedRefills, and its Affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Notice. ExpressMedRefills may provide notice by e-mail to the e-mail address you provided during the registration, by a general notice on the ExpressMedRefills Web site, or by written communication delivered by first class U. S. mail or express courier to your address on record in the ExpressMedRefills account information.
Protecting Children. ExpressMedRefills is designed and intended for use by adults. It is not intended for, nor designed to be used by children under the age of eighteen. A parent or guardian, however, may use ExpressMedRefills on behalf of a minor child. The parent or guardian assumes full responsibility for ensuring that the authentication information is kept secure and that the information submitted is accurate.