Last modified: June 22nd, 2022 Introduction
Cary Rx Incorporated (“Company
” or “We
” or “Our
”) respect your privacy and are committed to protecting it through our compliance with this policy.
Company develops, operates and distributes certain software applications, which include web applications, hosted applications and applications for mobile devices. The applications, together with the services for communications, coordination and management by patients and healthcare professionals regarding medical conditions, and the data collection, storage, analysis and reporting tools, functions and services, that are provided via the applications, are collectively referred to as the Service.
This policy describes the types of information we may collect from you or that you may provide when you visit the website https://www.caryrx.com, use our mobile application, use our online application, use our application programming interface (“API
”), use our Software-as-a-Service Product (“SaaS
”), or enter information on the website of one of Providers that utilize our SaaS to collect information (collectively referred to as “Service
” or “Services
”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
Capitalized terms used herein without definition will have the same meanings as defined in the Terms of Service and any applicable Master Services Agreement, API License Agreement, or Software-as-a-Service Agreement (“Sales Agreements”) applicable to the Service. This policy applies to information we collect:
- On this Service.
- In email, text, and other electronic messages between you and this Service.
- Through mobile and desktop applications you access or download from this Service, which provide dedicated non-browser-based interaction between you and this Service.
- When you interact with our advertising and applications on third-party Services and services, if those applications or advertising include links to this policy.
- When you use our Software-as-a-Service (“SaaS”) and Application Programming Interface (“API”) services.
- When you enter information on one of the Providers website through their use of our SaaS.
- When you enter information into any of our applications. It does not apply to information collected by:
- Us offline or through any other means; or
- Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Service.
). Your continued use of this Service after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. Children Under the Age of 13
Our Service is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Service. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Service or on or through any of its features. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at:
1300 7th St NW, Suite 200
Washington, DC 20001
California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your California Privacy Rights
for more information. Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Service, including information:
- Collected during the Account Registration process through our Service or through our Providers;
- By which you may be personally identified, such as name, postal address, e-mail address, telephone number, social security number, or any other identifier by which you may be contacted online or offline (“personal information“);
- Protected Health Information (“PHI”) as defined by the Health Insurance Portability and Accountability Act (definition available here: https://www.hhs.gov/answers/hipaa/what-is-phi/index.html );
- Data from Apple Health (https://www.apple.com/legal/privacy/data/en/health-app/ ) and Google Health (https://policies.google.com/terms) as applicable in accordance with their terms and conditions after receiving your active consent;
- That is about you but individually does not identify you; and/or
- About your internet connection, the equipment you use to access our Service, and usage details.
- We collect this information:
- Directly from you when you provide it to us.
- Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
- From third parties, for example, our business partners.Information You Provide to Us.
The information we collect on or through our Service may include:
- Information that you provide by filling in forms on our Service, on our Customers website using our API, or on our Provider Websites. This includes information provided at the time of registering to use our Service, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you report a problem with our Service.
- Records and copies of your correspondence (including email addresses), if you contact us.
- Your responses to surveys that we might ask you to complete for research purposes.
- Details of transactions you carry out through our Service and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Service.
- Specific information about you and your use of our Service (such as, for example, demographic data, profile data and frequency or duration of use).
- Information you provide to our Provider’s through their use of our SaaS.
- Your search queries on the Service.
You also may provide information to be published or displayed (hereinafter, “posted
“) on public areas of the Service, or transmitted to other users of the Service or third parties (collectively, “User Contributions
“). Your User Contributions are posted on and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Service with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. Information We Collect Through Automatic Data Collection Technologies.
As you navigate through and interact with our Service, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- Details of your visits to our Service, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Service.
- Claims feed information for prescriptions provided to us by Providers.
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
- We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Contact us for information on how you can opt out of behavioral tracking on this website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.
- The information we collect automatically may include personal information, or protected health information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Service and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Service according to your individual interests.
- Speed up your searches.
- Recognize you when you return to our Service.
The technologies we use for this automatic data collection may include: Cookies (or browser cookies).
Pages of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related Service statistics (for example, recording the popularity of certain Service content and verifying system and server integrity).
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information. How We Use Your Information
- We use information that we collect about you or that you provide to us, including any personal information:
- Except as set forth below, at no time will any of your Personal Data be shared with any third party by Company. Your IP address is not linked to personally identifiable information, but is used to gather broad demographic data and to monitor statistics to improve the Service.
- Company uses Traffic Data to help diagnose problems with its web servers, to administer the Service and to analyze user trends and behaviors.
- Company will share Traffic Data with certain third parties for the purposes of technical and customer support.
- Company collects, stores, processes and analyzes Service Data and produces Analytics. The term Analytics means user profiles and statistics, metrics, abstractions and other analyses that are based on or derived from your use of the Service and Service Data, which are developed in the aggregate with other data, results and measurements or in a manner that does not disclose the identity of any Provider or any specific Service Data (except in aggregated or de- identified form).
- Company will use your Service Data and exploit Analytics in the manner and for the purposes described in the Terms of Service and applicable sales agreement, including without limitation:
- to use Service Data to communicate with you and Providers (as the case may be);
- to include, copy, disclose, distribute, transmit and display Service Data in communications with Provider (and vice versa) that have been properly initiated via the Service;
- to access, record, collect, copy, store, process, analyze and use Service Data to provide the Service (including with regard to the use of PHI in messaging with Provider;
- to develop, improve, extend and test the Service (and underlying technology platforms); to design, develop and produce Analytics;
- to market and promote Company and the Service using Analytics; and to disclose, distribute and transmit Service Data and/or Analytics to Providers.
- To present our Service and its contents to you.
- To provide you with information, products, or services that you request from us.
- To provide Services to our Providers who use our SaaS.
- To fulfill any other purpose for which you provide it.
- To provide you with notices about your account, including expiration and renewal notices.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our Service or any products or services we offer or provide though it.
- To allow you to participate in interactive features on our Service.
In any other way we may describe when you provide the information.
For any other purpose with your consent.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
To our subsidiaries and affiliates.
To our Providers and customers.
To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of CaryRX Incorporated’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by CaryRX Incorporated about our Service users is among the assets transferred.
To third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. For more information, see Choices About How We Use and Disclose Your Information.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.
We may also disclose your personal information:
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply our Terms of Service or applicable sales agreement and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of CaryRX Incorporated, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.
Promotional Offers from the Company. If you do not wish to have your email address used by the Company to promote our own or third parties’ products or services, you can opt out by sending us an email stating your request to support@CaryRX.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience, or other transactions.
We do not share any personal information with third party advertisers, advertising agencies, or marketing agencies.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.
California residents may have additional personal information rights and choices. Please see Your California Privacy Rights below for more information.
Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: support@CaryRX.com. However, please know we do not currently sell data triggering that statute’s opt-out requirements.
Health Insurance Portability and Accountability Act of 1996 (HIPAA)
In operating the Service, and as it relates to PHI, Company endeavors to comply in all material respects with Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Pursuant to HIPAA, medical facilities or professionals from whom Company receives information about patients may be Covered Entities (as defined under HIPAA), and we may serve as their Business Associate (as defined under HIPAA). As a result, some of the information we collect may constitute PHI (as defined in HIPAA).
Do Not Track Policy
You may be able to access the Service and/or communicate with the Service from, and you may be able to link or communicate from the Service to, applications, devices, distribution platforms and websites owned and operated by Providers. These other applications, devices, platforms and websites are not operated or controlled by Company. Additional or different terms and conditions (including without limitation, privacy and security practices) apply when you access and use such other applications, devices, platforms and websites, which are not the responsibility of Company.
Accessing and Correcting Your Information
You can review and change your personal information by updating your profile in our mobile application or by sending us an email at care@CaryRX.com to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Contributions from the Service, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Service users. Proper access and use of information provided on the Service, including User Contributions, is governed by our Terms of Service.
California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.
Your California Privacy Rights
Privacy Rights Under the California Consumer Privacy Act (“CCPA”)
Your Privacy Rights. You have the following rights under the CCPA with respect to your personal information.
Right to Know. You’ve the right to request details of the personal information about you that we’ve collected and used subject to our receipt and confirmation of your verifiable consumer request. Specifically, we’ll disclose to you:
The categories of personal information we collected about you;
The categories of sources for personal information we collected about you;
Our business or commercial purpose for collecting your personal information;
The categories of third parties with whom we shared your personal information;
The specific pieces of your personal information; and
If we disclosed your personal information for a business purpose over the past 12 months, a list identifying the personal information categories that each category of recipient obtained.
Right to Delete. You’ve the right to request the deletion of your personal information that is collected or maintained by us subject to our receipt and confirmation of your verifiable consumer request. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your information to provide you with the Services or complete a transaction or other action you’ve requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.
Right to Opt Out of Sale. CaryRX doesn’t sell personal information and will not sell personal information without providing a future right to opt-out of such a sale.
Right to Non-Discrimination. We may not discriminate against you because you’ve exercised any of the privacy rights described above.
Exercising Your Rights. To exercise the rights described above, you (or your authorized agent) must send us a request that (1) provides sufficient information to allow us to verify that you’re the person about whom we’ve collected personal information, and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Satisfaction of both criteria means your request is a “verifiable consumer request” and we’re not required to respond to requests that don’t meet these criteria. We’ll only use personal information provided in a request to verify your identity and complete your request. You don’t need an account to submit a request.
We’ll work to respond to your request within 45 days of receipt. We’ll not charge you a fee for making a request unless your request(s) is excessive, repetitive, or manifestly unfounded. If we determine that your request warrants a fee, we’ll notify you of the fee and explain that decision before completing your request.
You may submit a request using the following methods:
Email us at firstname.lastname@example.org
In writing 1300 7th St NW, Suite 200, Washington, DC 20001.
You may authorize an agent to exercise your rights on your behalf. To do this, you must provide your authorized agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your authorized agent when they make a request on your behalf. If we’ve collected information on your minor child, you may exercise the above rights on behalf of your minor child.
If you terminate your registration and account for the Service, or if your registration or account is terminated for any reason by Company, then Company will remove your Service Data from the Service; provided, Company may retain and use your Service Data in the manner described herein, but only in aggregated or de-identified form.
1300 7th St NW, Suite 200
Washington, DC 20001
To register a complaint or concern, please email email@example.comTERMS & CONDITIONSCary Rx Incorporated
Terms of Service
Last Modified: June 22nd, 2022
Acceptance of the Terms of Service
These Terms of Service are entered into by and between You and Cary Rx Incorporated (“Company,” “we,“, “us“, or “Cary Rx”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Service“), govern your access to and use of https://www.caryrx.com, including any content, functionality, mobile applications, web applications, software-as-a-service solutions, and services offered on or through https://www.caryrx.com (the “Service” or “Services”), whether as a guest or a registered user.
This Service is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Service, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
“Provider” means the CaryRX pharmacy, pharmacy partner, or clinical partner (such as health care provider, health plan, or manufacturer).
“Prescription” means receiving a prescription from a health care provider and filling it as a licensed pharmacy.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Service.
Your continued use of the Service following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Service and Account Security
We reserve the right to withdraw or amend this Service, and any service or material we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Service.
Ensuring that all persons who access the Service through your internet connection are aware of these Terms of Service and comply with them.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Service or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
Intellectual Property Rights
The Service and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Service, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Service or any services or materials available through the Service.
If you wish to make any use of material on the Service other than that set out in this section, please address your request to: firstname.lastname@example.org.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Service in breach of the Terms of Service, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
The Company name, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Service are the trademarks of their respective owners.
You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Service.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service, or expose them to liability.
Additionally, you agree not to:
Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
Use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Service.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.
Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Service.
Our service and our Providers may utilize third party delivery services. You acknowledge and agree that Company may provide basic information (name, date of birth and address) and tamper evident sealed packages to be delivered by third party delivery services.
Company requires either a patient or person authorized by the patient to be present to receive deliveries. In the event a package is left unattended, Company is not responsible for tampered, stolen, or destroyed packages.
Company reserves the right to charge a delivery fee for orders placed within 72 hours of previous order.
Company uses tracking data from the United States Postal Service and USPS.com for delivery updates. Should a package show as delivered, any further delivery issues will be investigated and handled by the United States Postal Service.
Wireless Phone Policy
Health or Medication Related Content
Any health or medication related Content provided on the Services is not intended to constitute professional medical advice, diagnoses, or recommendations about medical treatment. Company may provide counseling on medications, as a typical pharmacy would, through our licensed pharmacists. However, it is your responsibility to always check product information (including package inserts) regarding dosage, precautions, warnings, interactions and contraindications before administering or using any device, drug, herb, vitamin, or supplement. You expressly acknowledge and agree that Company is not responsible or liable for the results of any decisions made based on your use of health-related Content or the Services.
If you have any questions about a medical condition, medicine, or prescription, contact one of our licensed pharmacists, your physician, or another health care provider.
Never disregard medical advice or delay in seeking it because of something you’ve read on the Services. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
Neither Company nor any Provider endorse any specific medication or pharmacologic product. If a Provider prescribes a medication, he/she will limit supply based upon state regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. Providers do not prescribe DEA controlled substances or scheduled medications, or certain other drugs which may be harmful because of their potential for abuse. Providers reserve the right to deny care for actual or potential misuse of the Services.
You agree that any prescriptions that you acquire from a Provider will 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. Company and Providers fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct Company to transmit that prescription to the pharmacy of your choice.
To the extent that information collected through the Service is protected health information, as that term is defined under the health insurance portability and accountability act of 1996 and any regulations promulgated thereunder (“HIPAA”), the information is governed by our HIPAA Notice, which is available for review at https://caryrx.com/hipaa-privacy/. We will only access, use, or disclose protected health information as permitted by applicable federal and state laws, including HIPAA.
Not an Insurance Product
Neither Company nor Providers are insurers. The Services are not insurance products, and the amounts you pay to Company or Provider are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
The Service may contain interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “Content“) on or through the Service.
All Content must comply with the Content Standards set out in these Terms of Service.
Any Content you post to the site will be considered non-confidential and non-proprietary. By providing any Content on the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
All of your Content do and will comply with these Terms of Service.
You understand and acknowledge that you are responsible for any Content you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of the Service.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any Content for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all Content and use of Interactive Services. Content must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Content must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any Content violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
This Service may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Service
We may update the content on this Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Service
Other Terms and Conditions
All purchases through our site or other transactions for the sale of goods, services, or information formed through the Service, or as a result of visits made by you are governed by the applicable Master Services Agreement, API License Agreement, or Software-as-a-Service Agreement executed between you and the Company, which are hereby incorporated into these Terms of Service.
Additional terms and conditions may also apply to specific portions, services or features of the Service. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Prescriptions dispensed by the pharmacy to patients cannot be returned after leaving the pharmacy. If there are any concerns regarding dispensed prescriptions, please contact us via in-app chat or phone.
Linking to the Service
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Service may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Service.
Send e-mails or other communications with certain content, or links to certain content, on this Service.
Cause limited portions of content on this Service to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Service or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Service other than the homepage.
Otherwise take any action with respect to the materials on this Service that is inconsistent with any other provision of these Terms of Service.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Service
If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Service is based in the District of Columbia in the United States. We provide this Service for use only by persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICE LINKED TO IT.
YOUR USE OF THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to, your Content, any use of the Service’s content, services and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Service.
Governing Law and Jurisdiction
All matters relating to the Service and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Service or use of the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Your Comments and Concerns
This website is operated by Cary Rx Incorporated, 1300 7th St NW, Suite 200, Washington, District of Columbia 20001.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Service should be directed to: email@example.com.HIPAA PRIVACYNOTICE OF PRIVACY PRACTICES
Under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), CaryRx Pharmacy is required to provide you with a Notice of Privacy Practices that describes how we may use your information for treatment, payment and other purposes that details your rights regarding the privacy of your health and medical information.
Last updated: April 2, 2021
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.
PLEASE REVIEW IT CAREFULLY.
Uses and Disclosures of Protected Health Information. There are two categories for the use and disclosure of our patients’ Protected Health Information: (A.) information that we can use and disclose without the patient’s prior consent; and (B.) information that we cannot use or disclose without the patient’s prior authorization.
A. Patients’ Prior Consent Not Required.
1) Treatment. In the first category, we are permitted to use and disclose our patients’ Protected Health Information in connection with their medical treatment in situations such as allowing a family member or other relative or a close personal friend or other person involved in the patient’s health care to pick up the patient’s prescriptions and to receive Protected Health Information that is directly related to the patient’s care. In doing so, we are to use our professional judgment and experience with common practice in determining what is in the patient’s best interest. Other examples include sending information about a patient’s prescriptions to the patient’s family doctor or to a specialist who is treating the patient or to a hospital where the patient is receiving care, particularly if the patient has suffered a health emergency.
2) Payment. If a patient is covered by a pharmacy benefit plan, we are entitled to send Protected Health Care Information to the plan or to another business entity involved in our billing system describing the medication or health care equipment we have dispensed so that we can be paid.
3) Health Care Operations. In addition, we can provide Protected Health Information for health care operations such as evaluations of the quality of our patients’ health care in order to improve the success of treatment programs. Other examples include reviews of health care professionals, insurance premium rating, legal and auditing functions, and business planning and management.
4) Other Permitted Uses and Disclosures. There are a number of other specified purposes for which we may disclose a patient’s Protected Health Information without the patient’s prior consent (but with certain restrictions). Examples include public health activities; situations where there may be abuse, neglect or domestic violence; in connection with health oversight activities; in the course of judicial or administrative proceedings; in response to law enforcement inquiries; in the event of death; where organ donations are involved; in support of research studies; where there is a serious threat to health and safety; in cases of military or veterans’ activities; where national security is involved; for determinations of medical suitability; for government programs for public benefit; for workers’ compensation proceedings; when our records are being audited; when medical emergencies occur; and when we communicate with our patients orally or in writing about refilling prescriptions, about generic drugs that may be appropriate for a patient’s treatment, or about alternative therapies.
B. Patients’ Prior Authorization Required.
For purposes other than those mentioned above, we are required to ask for our patients’ written authorizations before using or disclosing any of their Protected Health Information. If we request an authorization, any of our patients may decline to agree, and if a patient gives us an authorization, the patient has the right to revoke the authorization and by doing so, stop any future uses and disclosures of the patient’s health information that the authorization covered. An example of a situation where the patient’s prior authorization would be required would be if we wish to conduct a marketing program that would involve the use of Protected Health Information.
1) Patients’ Rights. HIPAA and the Regulations provide our patients with rights concerning their Protected Health Information. With limited exceptions (which are subject to review) each patient has the right to the following: 1) Patient’s Record. Each patient can obtain a copy of his or her Protected Health Information upon written request. The only charge will be based on our cost in responding to the request. The amount of the charge will vary depending on the format the patient requests and whether the patient wants the record or a summary, and whether it is to be delivered by mail or otherwise. The patient will be told of the fee when the patient’s request is received. If at the time of the patient’s request we maintain an electronic health record with respect to Protected Health Information, the patient has a right to obtain a copy of the patient’s Protected Health Information in electronic form and to direct that the copy directed to a clearly identified person or entity.
2) Accounting for Disclosures. Each patient can, upon written request, obtain a list of the disclosures of the patient’s Protected Health Information that have occurred within the 6 years preceding the request, except for disclosures made for the purposes of treatment, payment or health care operations and certain others. There will be no charge for the first request in any 12 month period, but we are entitled to charge a reasonable cost based fee for additional requests made in the same period of time. However, if at the time of the patient’s request we maintain an electronic health record with respect to Protected Health Information, the foregoing exception will not apply and the period covered for the accounting will be the 3 years preceding the request.
3) Amendments. Each patient may ask to change the record of his or her own Protected Health Information upon written request explaining why the change should be made. We will review the request, but may decline to make the change if in our professional judgment we conclude that the record should not be changed.
4) Communications. Upon written request, each patient can ask us to communicate with him or her about their own Protected Health Information in a confidential manner such as by sending mail to an address other than the home address or using a particular telephone number.
5) Special Restrictions. Upon written request, each patient can ask us to adopt special restrictions that further limit our use and disclosure of the patient’s Protected Health Information (except where use and disclosure are required of us by law or in emergency circumstances). We will consider the request; but in accordance with HIPAA we are not required to agree to with the request; provided, however, we will comply with a patient’s request to restrict the disclosure of Protected Health Information to a health plan if the disclosure is for payment or health care operations (excluding treatment), and the disclosure pertains solely to a health care item or service for which we have been paid out of pocket in full.
6) Complaints. If a patient believes that we have violated the patient’s rights as to the patient’s Protected Health Information under HIPAA or if a patient disagrees with a decision we made about access to the patient’s Protected Health Information, the patient has the right to file a written complaint with our Contact Person listed below. Our Contact Person is required to investigate, and if possible, to resolve each such complaint, and to advise the patient accordingly. The patient also has the right to send a written complaint to the U.S. Department of Health and Human Services. Under no circumstances will any patient be retaliated against by this pharmacy for filing a complaint.
We are required by law to protect the privacy of our patients’ Protected Health Information, to provide this notice about our privacy practices, and follow the privacy practices that are described in this notice. We reserve the right to make changes in our privacy practices that will apply to all the Protected Health Information we maintain. A new notice will be available on request before any significant change is made.
Please do not hesitate to contact us, if you would like to review the personal information that we hold about you, or if you have any questions about our policies, our websites and apps, or how we collect, use and disclose information, using the information below:
ATTN: Privacy Officer
c/o CaryRx Pharmacy
1300 7th St NW
Washington, DC 20001