Privacy and Information Security Policy
The Health Insurance Portability and Accountability Act’s (HIPAA) medical privacy regulations govern the use and release of a patient’s personal health information, also known as protected health information (PHI). Under the HIPAA privacy regulations, patients must be informed about how their PHI will be used and given the opportunity to object to or restrict the use or release of their information.
chirpRx, LLC (the “Company” or “chirpRx”) recognizes the importance of protecting the privacy of visitors to its website and the PHI collected where the Company’s website is the data controller. We take reasonable steps to keep the PHI we possess secure and to delete unnecessary PHI, in compliance with HIPAA. In addition, the Company is committed to safeguarding visitors’ online privacy with respect to the personally identifiable information that may be obtained from visitors at the http://www.chirpRx.com web site (the “Site”).
WHAT PERSONALLY IDENTIFIABLE INFORMATION DOES THE COMPANY OBTAIN FROM YOU? WHEN DOES THE COMPANY OBTAIN SUCH INFORMATION?
If, upon visiting the Site, your use is limited to browsing our informational content, the Company will not require that you provide it with any personally identifiable information. However, the Company may request personal information from you at other times. For example:
- If you enroll for a chirpRx membership through the Site, the Company may ask that you provide the Company with certain personal information, including your name, credit card number, expiration date, e-mail address, mailing address and telephone number. Your credit card information will be transferred to Authorize.net for processing. Authorize.net (as discussed in more detail below) employs a variety of security and risk management technologies to facilitate secure on-line transactions and to protect your credit information. You can find more information about Authorize.net at https://authorize.net/.
- If you post to the Company’s discussion forums, the Company will ask that you provide it with your name, e-mail address and password.
- If you want to enter any sweepstakes, contests or promotions sponsored by us or by one of the Company’s business partners, it will need your name, e-mail address and other information as may be required by the rules of the specific contest.
- If you choose to participate in a customer survey conducted by the Company or by one of its business partners, the Company may ask for your name, e-mail address and other information as may be required by the particular survey.
- If you report a problem or submit a customer review, the Company will ask that you provide your name, e-mail address, membership number, address, phone number and fax number. Should you contact the Company for any reason other than to report a problem and/or submit a review, the Company may also keep a record and/or copy of your correspondence with it.
HOW DOES THE COMPANY PROTECT THE SECURITY AND QUALITY OF YOUR PERSONAL INFORMATION?
To protect the security and quality of your personal information, the Company has implemented technical and managerial procedures to maintain accurate, current and complete information as well as to protect your personal information against loss, misuse or alteration when it is under the Company’s control. Your personally identifiable information will be encrypted and stored on the Company’s secured servers. Your personal information is also password protected so that access is limited to yourself and those with whom you share your password, Company, as well as third party access facilitated by Company with your prior permission. The Company has also taken steps to help protect the integrity of your personal financial information when you complete a purchase transaction on the Site. As noted above, the Company uses Authorize.net to facilitate confidential online business transactions. Authorize.net helps prevent your credit information from being read by unauthorized persons as this information is transmitted over the Internet. chirpRx employs a private server using SSL (Secure Socket Layer) encryption for the secure exchange of your personal information and the Authorize.net system. The Authorize.net transaction system passes your credit information through its system, but does not retain any credit card numbers. Once the transaction is completed, information about the sale (without credit card information) is stored in a password-protected online database maintained by Authorize.net. Only in an offline and offsite accounting server does Authorize.net retain the entire transaction record. This eliminates the ability of hackers to gain access to your personal information. In addition, authorize.net processes all transactions by private digital lines, and not via the Internet. You can find more information about Authorize.net at https://authorize.net/.
HOW DOES THE COMPANY USE YOUR INFORMATION?
The Company’s primary use of your information is to administer, maintain and improve your experience on the Site generally as well as provide you with customized, personalization services and interactive communications.
- If you check the “opt-in” feature on the Site, or if you do not uncheck a pre-checked “opt-in” box the Company may from time to time send you e-mails regarding the Site and special promotions. Also, the Company occasionally may send you direct mail about products or services that the Company believes may be of interest to you.
- The Company may use your financial information (e.g., your credit card number) only to verify your credit and to bill you for memberships purchased through the Site. The Company also uses your contact information as necessary to send you information about the memberships that you have purchased on the Site.
- When you enter any sweepstakes, contests or promotions sponsored by the Company or by one of its business partners, the Company may use your e-mail address to send you status updates.
- The Company uses your IP address to help diagnose problems with its server and to administer the services offered on the Site. The Company also use your IP address to help identify you and to gather broad demographic information that the Company may share with its business partners, but only in the aggregate without any of your personally identifiable information.
- The Company may research the demographics, interests and behavior of its customers based on the information provided to the Company during membership registration, during sweepstakes, contests and promotions, from its server log files, from cookies and from surveys. The Company research may be compiled and analyzed on an aggregate basis. The Company may share this aggregate data with business partners, but only in the aggregate, without any of your personally identifiable information.
- The use, collection and disclosure of any and all personal health information is subject to your agreement to the HIPAA Authorization and Release of Liability Form
CAN YOU “OPT-OUT” OF RECEIVING COMMUNICATIONS FROM THE COMPANY?
If you change your mind and decide that you no longer want to receive promotional e-mails and/or direct mailings, you may opt-out at any time by simply sending an e-mail request to [email protected]. Similarly, if you are not receiving the Company’s promotional e-mails and/or direct mailings and wish to receive these materials, you may opt-in at any time by simply sending an e-mail request to [email protected].
PRIVACY POLICIES OF COMPANY PARTNERS
DOES THE COMPANY SELL OR RENT YOUR PERSONALLY IDENTIFIABLE INFORMATION?
No, as a general rule, the Company does not sell or rent your personally identifiable information to anyone. If and whenever the Company intends to share your personally identifiable information with a third party (other than to a business partner as provided herein), you will be notified at the time of data collection or transfer, and you will have the option of not permitting the transfer. However, the Company may from time to time rent or sell demographic information in the aggregate that does not contain your personally identifiable information.
WITH WHOM DOES THE COMPANY SHARE INFORMATION?
The Company generally will not disclose any of your personally identifiable information except when it has your permission to do so or under some special circumstances described under the HIPAA Authorization and Release of Liability Form and below.
- As noted previously, the Company may from time to time partner with other companies to offer co-branded services as well as sweepstakes, contests and promotions. Any information that you provide in connection with the co-branded services or any jointly sponsored sweepstakes, contests or promotions will become the joint property of the Company and its business partners. The Company may also disclose other personal information about you to our business partners, but only if we have obtained your permission to make the disclosure before data collection or before transferring the data.
- The Company may, from time to time, offer you the opportunity to receive materials or special offers from third parties. If you want to receive this information, the Company may (but only with your permission) share your name and e-mail address with them.
- Under confidentiality agreements, the Company may match user information with third party data. The Company also may disclose aggregate demographic and/or user information and statistics in order to describe its customer base to prospective partners and other third parties, and for other lawful purposes.
- The Company may disclose your personally identifiable information without your prior permission in special cases. For example, the Company may have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be violating the User Terms and Conditions, or may be causing intentional or unintentional injury or interference to the rights or property of the Company or any third party, including other customers. Also, the Company may disclose or access your personally identifiable information when we believe in good faith that law or regulation requires disclosure.
HOW CAN YOU UPDATE, CORRECT OR DELETE YOUR PERSONALLY IDENTIFIABLE INFORMATION?
You may edit your personally identifiable information and your password at any time by accessing your account profile at www.chirpRx.com.
DO YOU HAVE CHOICES ABOUT COOKIES?
Yes, you have several choices with respect to cookies. You can modify your browser preferences to accept all cookies, to notify you when a cookie is set, or to reject all cookies. However, the Site uses cookie-based authentication. Accordingly, if you choose to reject all cookies, you may not be able to log onto the Site and/or use the Company services or participate in the Company sweepstakes, contests or promotions.
WHAT ELSE SHOULD YOU KNOW ABOUT YOUR ONLINE PRIVACY?
Children. We do not knowingly allow individuals under the age of 21 to create accounts that allow access to the Site.
Terms of Service
Effective Date: September 1, 2019
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, DIAL “911” IMMEDIATELY.
USE OF OUR SERVICES IS NOT APPROPRIATE FOR MEDICAL EMERGENCIES OR URGENT CARE SITUATIONS. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.
You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
Convenience and Information Only; Acceptance of Terms.
By merely providing access to the Site, The Company does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current; (b) The Company has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Site will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Site is accurate or complete. Your use of the Site and the services offered therein are subject to federal law, the law of the state where The Company maintains your Account, or, if The Company transfers your Account to another location, where The Company currently maintains your Account (“Applicable Law”).
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 16, as THE WEB SITE IS NOT INTENDED FOR CHILDREN UNDER 16 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN.
No Medical Advice or Services:
The Company is not a medical services provider. The Company provides an online telehealth solution which allows participating pharmacists (“Providers”) to communicate with their patients and perform virtual medical consultations. The Providers of these services are independent and not employed by The Company. Company does not endorse any specific tests, physicians, medications, products or procedures that are recommended by Providers that may use Company’s online platform to communicate with you. The Providers, and not The Company, are responsible for the quality and appropriateness of the care they render to you. Any information or advice received from a Provider comes from them alone, and not from Company. Your interactions with the Providers via the Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Company, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the Site or Service, nor any information obtained on the Site. You acknowledge that your reliance on any healthcare providers or information provided by the providers via the Service is solely at your own risk and you assume full responsibility for all risk associated herewith. The Company does not make any representations or warranties regarding any of the providers who utilize Company’s platform nor will a Provider’s access to and use of the Company’s services act as an endorsement or recommendation of that Provider by Company. You are ultimately responsible for choosing your particular Provider.
The Company does not endorse any specific medication, pharmacy, 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 fully honors 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.
Healthcare Provider Responsibilities
If you are a Healthcare Provider, you accept responsibility for your Patients as well as yourself in the use of this Service. You are also responsible for the quality of the services you provide during your use of the Service and for complying with all applicable laws in connection with your use of the Service. For example, you are responsible for obtaining any and all Federal, State and local licenses and certifications which may be required to practice your profession when using this Service and maintaining malpractice and liability insurance in compliance with regulatory and local requirements.
You are also responsible for obtaining Patient consent if required by law and complying with any and all privacy laws applicable to the use of this Service with your patients, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). The Company has established reasonable safeguards and procedures to protect the security of patient information, but you must also take steps to protect your privacy and confidentiality that of your patients. A HIPAA Authorization and Release of Liability Form with The Company is required for use of the Services.
We make no representations regarding your ability to bill third-party payors for the services you provide using the Site. You are responsible for complying with all laws in billing for the services you provide, such as billing and invoices applicable to the Company.
Not an Insurance Product
The Company is not an insurer nor are the Services insurance products. Amounts you pay to Company, if any, are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
Risks of Telehealth Services
By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.
Availability of Services
The Company operates, subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or the Services is limited exclusively to users located in States within the United States where the Services are available. Services are not available to users located outside the United States. Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
Use of Site
You agree not to access the Site or use the Services in an unlawful way or for any unlawful purpose, including but not limited to: posting or transmitting a message under a false name, posting any data, materials, content or information which is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or positing any content which contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, interfere or manipulate in any way, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers or Information or facilitate or promote hacking or similar conduct. The Company may 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. Violations of system or network security may result in civil or criminal liability.
Accuracy and Integrity of Information
The Company attempts to ensure the integrity and accurateness of the Site at all times but The Company makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform The Company so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, The Company shall have no responsibility or liability for information or Content posted to the Site from any non-Company affiliated third party.
Eligibility; Site Access, Security and Restrictions; Passwords
You represent that you are older than 21 years old and are not a person barred from enrolling for, and/or receiving, Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or The Company Services is limited to users in the United States. In the event of access and/or use outside of the United States, you agree to comply with all local and federal laws regarding online conduct and transmission of information, including, without limitation, all applicable laws regarding the transmission of technical data exported from the United States or any other jurisdiction, and you acknowledge that The Company makes no representation or warranty that we, or any of the Services, or any information on the Site or transmitted via a Service is lawful in any jurisdiction outside the United States. The Company may, in its sole discretion, refuse to accept your registration or subscription due to non-compliance with any eligibility or subscription requirements.
In order to enroll in the Company Services, you are required to (1) fully, accurately and truthfully complete the registration profile, including but not limited to name, address, telephone number and email address, (2) complete any and all other items requested pursuant to your use of the Site or the Services and (3) set your Internet browser to accept “cookies” from the Site.
You are solely responsible for maintaining the confidentiality of your password and for all activities that occur under your password. You agree to prohibit anyone else from using your password and to immediately notify The Company in writing of any unauthorized use of your password or other security concerns of which you become aware. You will indemnify The Company for any unauthorized use or transmission of your password to any third parties.
User Account, Password, Security and Electronic Account Services.
DEFINITIONS. The following definitions govern and as used elsewhere in these Terms:
- Bill Payment Cutoff Time means 6:30 m. Time on any Business Day and is the time by which you must transmit Payment Instructions for such Payment Instructions to be considered effective for that particular Business Day.
- Business Day means every day except Saturdays and Sundays and federal holidays.
- Payment Account means your personal or business checking, savings, or money market account from which The Company bill payments for your Account(s) may be made by you. The Company recommends that you confirm with your banking institution any fees that you may be charged for bill payments from your Payment Account before designating a banking account as a Payment Account (g., your money market account may permit a limited number of transfers before fees are imposed).
- Payee means The Company or its subsidiary to which you direct a payment.
- Payment Instructions means the information provided by you for a bill payment to be made to Payee (e., banking account number, ABA number, payment date, payment amount, and any additional information).
- Payment Due Date means the Business Day which your payment will be received by Payee and your Payment Account will be debited.
- Pending Bill Payment means a pending bill payment authorized by you through the Online Service that has not been debited to your Payment Account.
ONLINE ACCOUNT ACCESS. For certain types of features available through the Site, including the Online Account Access features (the “Online Service”), The Company requires the use of encryption technologies provided for your protection and/or your use of a user identification name (“UserID”) and password after setting up a user account (“User Account”). The Online Service is available by clicking on the Online Account Access login at www.chirpRx.com. For self-enrollment, you must provide Account-specific information to authenticate yourself (e.g., Account owner name and email address, Account number and meter number). You will be asked Account-specific information to authenticate yourself. In these Terms, “you” and “your” refer to each person, or, if applicable, the entity who is an owner, signer, or has unrestricted access to a User Account and each person that uses the Online Service with your permission (“Authorized User”). You may never use another person’s User Account and/or UserID without permission. When your Online Service is linked to one or more Accounts, The Company may act on the oral, written, or electronic instructions of any authorized signer regarding your service for those Accounts. It is your responsibility to notify The Company if an Authorized User should no longer be given access to an Account through the Online Service.
USER ACCOUNT AND PASSWORD. The Company uses reasonable precautions to protect the privacy of your UserID, password and User Account information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your UserID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Site. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You are required to take reasonable precautions to safeguard your UserID and password. You agree to never leave your computer unattended while using the Online Service and to always exit the Online Service by clicking on “Log Out.” You also agree to immediately notify The Company of any unauthorized use of your UserID, password and/or User Account, or any other breach of security by calling 1-404-919-8495, by email at [email protected], or through the online message center (if applicable). You are solely responsible for any activity that occurs with respect to your User Account and UserID. While The Company provides certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, The Company does not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption.
RELIANCE BY THE COMPANY. You authorize The Company to rely on your UserID and password to identify you when you use the Online Service, and as signature authorization for any payment made using the Online Service. You acknowledge and agree that you are responsible for all payments you make using the Online Service and for paying any and all late charges or penalties. You also acknowledge and agree that if you permit another person or persons to use the Online Service or give them your UserID and/or password, you are responsible for any payment that person makes to your Account, even if the person exceeds your authorization. You agree that The Company may comply with the Payment Instructions entered by any person using your UserID and Password, subject to the terms set forth more fully below in the Unauthorized Payments section of these Terms.
SECURITY. The Company is committed to protecting the security and confidentiality of information about you and your Account and User Account. The Company uses, and may in the future use, several different security methods to protect your Account and User Account information, including:
- You can only access the Online Service with certain browsers that have high security standards.
- If the Online Service does not recognize your computer, you will be prompted to answer one of your challenge questions to verify your identity.
- The Online Service will automatically log off if prolonged periods of inactivity occur.
- Your session will terminate if you navigate away from the Online Service to another website.
- Email and Online Message Center. When you enroll in the Online Service, you must designate a primary email address that will be used for receiving electronic To the extent that The Company maintains an online message center now or in the future, such an exchange of communications shall be considered an electronic communication and may be utilized by The Company for providing you notices pursuant to these Terms, as required by Applicable Law (as permitted) or generally regarding your Account(s) with The Company. The Company will NEVER send you email requesting confidential information such as Account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from The Company, do not respond to the email and notify the Company by calling 1-404-919-8495 or forwarding the email to [email protected].
- Usage of Electronic Communication. By your enrollment in the Online Service, you agree to receive these Terms and any disclosures or notices required by Applicable Law and all other communications electronically to the email address you designate in your account profile. You also agree that The Company may respond to any communication you send to The Company with an electronic communication, regardless of whether your original communication with The Company was an electronic communication. Any electronic communication The Company sends to you will be considered received within five (5) calendar days of the date such communication is sent by computer servers utilized by The Company to the email address you designate in your account profile or posted to The Company’s online message center (if applicable). To the extent permissible under Applicable Law, any electronic communication you send to The Company will not be effective until The Company has had a reasonable opportunity to act on the electronic communication. You should not rely on electronic communication if you need to communicate with The Company immediately and, in no event, should your sole method of communication with The Company regarding any emergency be by electronic communication. The Company strongly suggests that you report all matters requiring immediate attention to The Company by calling 1- 404-919-8495. The Company may require you to provide written confirmation of any verbal or electronic notice of alleged error by The Company.
PERMISSIBLE ACTIVITIES. You may perform the following activities with the Online Service:
- Account Inquiry. You may retrieve Account information (such as a balance due).
- You may set alert messages for certain circumstances, such as when a new statement is available for viewing or when a pending payment has posted to your Account.
- Review Statements. You may view electronic version of Account statements. Online statements should not be substituted for, nor represented as, your official statement.
- Bill Payments. You may make payments to your Account from your Payment Account. Bill Payments may only be made from checking, money market, or savings accounts and must be made in accordance with the terms of these Terms and any other applicable account agreements.
PAYMENTS. You authorize The Company to debit your Payment Account and remit funds on your behalf to the Payee. When The Company receives a Payment Instruction, you have authorized The Company to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Payment Due Date. You also authorize The Company to credit your Payment Account for payments returned to you by The Company.
CANCELLATION POLICY. If You know in advance that You will not be able to make Your Provider virtual medical consultation, The Company respectfully requests that you log into Your account to cancel or reschedule Your session ahead of time to avoid fees. The Company requires at least a 2-hour cancellation notice for scheduled appointments. Cancellations within 2 hours of the scheduled appointment will incur a fee, 50% of the Provider virtual medical consultation price. Missing a Provider virtual medical consultation without canceling will have a charge to You of the full consultation price.
- where disclosure is necessary for completing payments, or to resolve a problem related to a payment;
- to verify the condition and existence of your Account for a third party, such as a credit bureau or merchant;
- to persons authorized by law in the course of their official duties;
- to a consumer reporting agency as defined by Applicable Law;
- to comply with a government agency or court order, such as a lawful subpoena;
- to The Company employees, auditors, service providers, attorneys or collection agents in the course of their duties; or
- if you give The Company written permission (including by email).
INSUFFICIENT FUNDS TO COMPLETE BILL PAYMENT. You must have sufficient available funds in your Payment Account on the Payment Due Date. If your Payment Account has insufficient funds, the Bill Payment will not be completed. Should a Bill Payment fail because of insufficient funds in your Payment Account, an amount equal to The Company’s Returned Payment Fee then in effect will be applied to your Account.
THE COMPANY’S LIABILITY FOR FAILURE TO COMPLETE BILL PAYMENTS. If The Company debits your Payment Account incorrectly, The Company will be responsible for returning the improperly debited funds to your Payment Account. If The Company does not complete a Bill Payment from your Payment Account on time or in the correct amount in accordance with your Payment Instructions, The Company will be liable for the actual charges incurred by you, to the extent required by Applicable Law and in any event subject to The Company’s Limitations of Liability herein. However, The Company will not be liable in the following situations:
- You did not properly follow the provisions of these Terms, the online instructions for the Online Service, or other instructions for making a payment;
- Through no fault of The Company’s, you have insufficient funds in your Payment Account to make a payment;
- Your computer, the software, phone lines, The Company’s computer system or the Online Service were not working properly or were temporarily unavailable, and this problem was or reasonably should have been apparent to you when you attempted the payment or you were advised by the Online Service of the malfunction before you executed the payment;
- Circumstances beyond our control prevented the payment, despite reasonable precautions that we have taken, including telecommunications outages, fires, floods, or other natural disasters;
- The Company has reasonable basis to believe that unauthorized use of your UserID, Password, or User Account or Account has occurred or may be occurring;
- The Company or you have terminated your Online Service or closed your Account to which the UserID was linked;
- You have supplied your login information to another party; or
- For any other reason specified in these Terms or any other agreement The Company has with you.
ACCURATE INFORMATION. In creating and using your User Account on the Site, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Site (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Company has the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
TERMINATION OF ACCOUNT. The Company reserves the right to terminate your use of the Online Service for any reason including inactivity and at any time without notice to you. You have the right to terminate your use of the Online Service by accessing your account profile at www.chirpRx.com. Any termination of your use of the Online Service, whether initiated by you or by The Company, will not affect any of your or The Company’s rights and obligations under these Terms that have arisen before the effective date of such termination.
RELATED AGREEMENTS. Your Account linked to the Online Service will also be governed by the agreements, disclosures, The Company’s service tax and/or tariff in your area, and other documents provided to you in connection with the opening of your Account, as they may be amended periodically. If any inconsistency exists between such other documentation and these Terms, then these Terms shall control to the extent of inconsistency.
When you register on or use the Site or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. The Company may contact you by telephone, mail, or email to verify your account information. The Company may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested. By registering on the Site you are agreeing to opt-in to the receipt of communications from The Company, such as newsletters and offers, by mail or electronic mail and further agree that The Company may provide to you, electronically, any notices required by law. If you do not wish to receive such communications, you may opt-out at any time.
Consent to Receive Calls and Text Messages
By providing your mobile number, you are agreeing to be contacted by or on behalf of the Company at the mobile number you have provided, including calls and text messages, to receive informational, Product or Service related and marketing communications relating to the Site and Services. Message and data rates may apply. You may opt-out at any time by accessing your online account and changing the appropriate option. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your progress and treatment.
Site Control / Links to external sites
The Company has sole discretion to withdraw, suspend or discontinue any functionality or feature of the Site or the Services, including the site itself at any time. Additionally, The Company makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and contents therein. The Company may provide links to third parties’ web sites but is not responsible, under any circumstance, for any errors related to the content or functionality of third party sites nor is it responsible for the terms and conditions, privacy practices, accuracy, copyright compliance, legality, decency or any of the Information, products, services or any transmissions received by or through third parties, or for any viruses or cyber-attack your technology may suffer by visiting these third-party sites. Any link on the Site to any third party’s Web site does not imply an endorsement of the terms, privacy practices, or products or services of any kind of any third party. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us written notice pursuant to Section 6 below. The Company reserves the right, in its sole discretion, to at any time, terminate your access to all or part of the Site, with or without cause, and with or without notice. YOU AGREE THAT COMPANY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.
The Company makes no representation or warranty as to the content of any treatment response from any participating, licensed, Provider. You understand that The Company is solely a referral service and does not warranty the validity of the information provided to you. You also understand that a doctor-patient relationship will never arise between you and The Company. You and your Provider are solely responsible for all information and/or communication sent during a telephone medical consultation, web video medical consultation, secure email consultation or other communication. The Company does not guarantee that a telephone-based medical consultation, web video medical consultation, or secure email, or web-based, consultation is the appropriate course of treatment for your particular health care problem. You agree to contact your primary care physician immediately should your condition change or your symptoms worsen. IN ORDER TO CREATE A DOCTOR-PATIENT RELATIONSHIP WITH A PARTICIPATING PHYSICIAN YOU MUST COMPLETE A MEDICAL HISTORY ASSESSMENT.
Disclaimer of Warranties
COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. THE COMPANY PROVIDES THE SITE AND THE ONLINE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE, THE ONLINE SERVICE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEB SITE, THE ONLINE SERVICE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE SITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEB SITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. THE COMPANY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR THE ONLINE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE COMPANY SHALL HAVE ADEQUATE CAPACITY FOR THE SITE AND/OR THE ONLINE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. COMPANY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
Limitation of Liability
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION, THE COMPANY SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE PROVIDERS. COMPANY AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, (A) LOSS PROFITS, LOST DATA, BUSINESS INTERRUPTION, ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SITE, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SITE BY ANY PROVIDER OR THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF COMPANY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
No Third-Party Rights
Supplemental Terms Applicable to Providers
To be a healthcare provider using the Site (“Provider” or “you”) you must be a licensed pharmacist, and must agree to comply with all laws, pharmacy board rules and other rules and regulations applicable to you as a Provider or otherwise. Your relationship with The Company users is directly between you and the patient. The patient will never have a physician-patient relationship with The Company. The Company does not practice medicine and offers no medical services. As set forth more fully below, Provider is solely responsible for all agreements, consents, notices and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Provider, unless arranged with The Company in writing that The Company is solely responsible to pay Provider directly for any and all payments of rendered services, shall be solely responsible for all billings and collections from patients and other consumers and The Company shall have no liability whatsoever to Provider with respect to any amounts owed by any patient or other consumer to Provider.
The Company does not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with Provider, goods or services offered by Provider, including but not limited any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Provider should seek legal counsel regarding any legal and compliance issues, and should not rely on any materials or content associated with the Services in determining Provider’s compliance obligations under law. Provider and The Company agree that The Company is not providing, to Customer or anyone else, medical advice or legal advice.
Provider will use the Site and Services only in accordance with applicable standards of good medical practice. While software products such as the Site and Services can facilitate and improve the quality of service that Provider can offer patients, many factors, including the provider/patient relationship can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Site and Services, and the provision of medical services to Provider’s patients. In this regard, Provider releases The Company and waives any and all potential claims against The Company as a result of Provider’s use of the Site and Services, and the provision of services to Provider’s patients.
As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify and hold The Company harmless from any claim by or on behalf of any patient of Provider, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against The Company, regardless of the cause if such claim arises for any reason whatsoever, out of Provider’s use or operation of the Site and Services. To the extent applicable, Provider will obtain The Company’s prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of The Company or defect in the Site or Services. The Company will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same, and grant to Provider exclusive control over its defense and settlement.
If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images or other materials to us or our Site (“Provider Content”) or provide any Provider Content to patients or other consumers, you agree not to provide any Provider Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. Provider is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to The Company that you have the legal right and authorization to upload all Provider Content at the Site. The Company shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however The Company desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Provider Content and/or incorporate such Provider Content into any form, medium or technology throughout the world. The Company is and shall be under no obligation (1) to maintain any Provider Content in confidence; (2) to pay to you any compensation for any Provider Content; or (3) to respond to any Provider Content.
The Company does not regularly review Provider Content, but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Site. You grant The Company the right to use the name that you submit in connection with any Provider Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the Site or provide to patients or other consumers. The Company and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.
You agree to defend, indemnify and hold harmless The Company and its Affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions and suits (no matter whether at law or equity), fees, costs and attorneys’ fees (including appellate level) of any kind whatsoever arising, directly or indirectly, out of or in connection with (i) your use or misuse or of the Site or the Services or any Information posted on the Site, (ii) your subscription, (iii) your breach of the Terms and Conditions or the Privacy Notice, (iv) your relationship with any participating Provider, (v) the content or subject matter of or any Information you provide to The Company, any of its Affiliates, any participating Providers or Customer service agent, and/or (vi) any negligent or wrongful action or omission by you in the use or misuse of the Site or the Services or any Information posted on the Site, including, without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
Dispute Resolution; Arbitration Agreement
We will try to work in good faith to resolve any issue you have with Site, including Products and Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and The Company agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Notwithstanding anything herein to the contrary, The Company shall not be liable for any losses arising out of the delay or interruption of its performance of any obligations due to any act of God, act of governmental authority, act of public enemy, war, riot, flood, civil commotion, insurrection, severe weather conditions, or any other cause beyond its reasonable control.
The Company may provide notice to you via the e-mail address you provided during registration or by a general notice on the Site. You may give notice to The Company by Certified Mail or overnight courier to 300 Colonial Parkway STE 100N Roswell, GA 30076.
Entire Agreement; Severability
These Terms and Conditions and the Privacy Notice constitute the sole and only agreement of you and The Company and supersede any prior understandings or written or oral agreements between you and The Company. In the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to conform with the parties’ intent.
Third Party Content.
The Company may provide hyperlinks to other web sites maintained by third parties, or The Company may provide third party content on the Site by framing or other methods. THE LINKS TO THIRD PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEB SITE IS NOT UNDER THE COMPANY’S CONTROL AND THE COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEB SITES LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK. If a third party links to the Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with The Company. In most cases, The Company is not even aware that a third party has linked to the Site. A web site that links to the Site: (i) may link to, but not replicate, The Company’s Content; (ii) may not create a browser, border environment or frame The Company’s Content; (iii) may not imply that The Company is endorsing it or its products; (iv) may not misrepresent its relationship with The Company; (v) may not present false or misleading information about The Company’s products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.
The trademarks, service marks and logos used and displayed on the Web Site are The Company’s, registered and unregistered trademarks. The Company is the copyright owner or authorized licensee of all text and all graphics contained on the Site. All trademarks and service marks of The Company that may be referred to on the Site are the property of the Company. Other parties’ trademarks and service marks that may be referred to on the Site are the property of their respective owners. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of The Company’s trademarks or service marks without The Company’s prior written permission. The Company aggressively enforces its intellectual property rights. Neither the name of The Company nor any of The Company’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Site or otherwise, without The Company’s prior written permission, except that a third party web site that desires to link to the Site and that complies with the requirements of Third Party Content above may use the name of “The Company” in or as part of that URL link. If you believe that any Content on the Site violates any intellectual property right of yours, please contact The Company at the address, email address or telephone number set forth at the bottom of these Terms.
If you have any questions about these Terms & Conditions or otherwise need to contact The Company for any reason, you can reach us at [email protected].
Your Consent to this Agreement
By accessing and using the Site, you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Web Site and/or the Online Service. Your use of the Site and/or the Online Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
If you have additional questions or comments of any kind, or if you see anything on the Web Site that you think is inappropriate, please let us know by email [email protected] or by sending your comments to:
COMPANY: chirpRx, LLC
Attn: Customer Support
EFFECTIVE AS OF: September 1, 2019
LAST UPDATED: September 1, 2019