SERVICE DESCRIPTION AND LIMITATIONS
Healthy Neighborhood has a strategic partnership with Rxnotify to be the exclusive Re-seller of its Prescription reminder service in the United States, The United Kingdom & India. Our role at Healthy neighborhood is to contract with quality service providers in the United States and make theses service available to the Health professionals and their clients that together make Healthy Neighborhood the most successful web site of its kind.
Healthy Neighborhood will take every effort to work with Rxnotify its provider for prescription reminder services. That said, this policy does not constitute a warranty of services provided by Healthy Neighborhood or Rx Notify Corp for the following reasons. ("RxNotify"). RxNotify will make every reasonable effort to provide reminders which are accurate and timely, but cannot guarantee their accuracy and timeliness.
-
The Service is a reminder service which relies on servers running and operating appropriately. There may be factors beyond the control of RxNotify which may prevent notification messages from reaching a user's email, mobile device or pager.
-
factors that prevent server control include but are not limited to wireless line-of-sight paging transmissions that intermittently can be blocked by buildings or other obstructions.
-
Message Delivery can also be interrupted due to failure of the Wireless or Paging Company with which the user contracts for the wireless or paging service.
-
RxNotify provides the service to the user by sending the paging notification to the user's Mobile Phone Device and shall not be liable for charges made by such providers of wireless services.
1. Healthy Neighborhood has contracted with RxNotify as a medicine reminder service provider only and does NOT offer medical professional services. Information entered into the user's schedule is not verified by RxNotify. It is the responsibility of the user, medical provider and/or care giver to ENTER ALL CORRECT DATA INTO THE USER'S MEDICINE SCHEDULE.
2. In special circumstances only and at the user's request, information about your prescription drug regimens of named drugs, amount and frequency of use, and repeating medical regimens such as self-tests may be given to Healthy Neighborhood and RxNotify by your doctor, pharmacist or caregiver and RxNotify assumes that these sources are reliable.
3. The accuracy, efficacy, completeness, timeliness or correct sequencing of this Information is not guaranteed by Healthy Neighborhood and RxNotify, or any parties transmitting (including the Wireless or Paging Company) or processing the Information ("Information Processors"). (RxNotify, Wireless or Paging Company, Information Providers and Information Processors sometimes are described collectively in this Agreement as the "Disseminating Parties").
4. There may be delays, omissions or inaccuracies in the Information. No Disseminating Party will be liable in any way to you or to any other person for (a) any inaccuracy, error, or delay in, or omission of, any Information, or the transmission or delivery of any such Information, or (b) any loss or damage arising from, or occasioned by, (i) any such inaccuracy, error, delay or omission, (ii) non-performance or (iii) interruption in any such Information, due to "force majeure" event, including, but not limited to, any natural disasters (flood, extraordinary weather conditions, earthquake, fire), war, insurrection, riot, labor dispute, accident, action of government, communications, electronic or power failure, telephone or other interconnect problems, unauthorized access, theft, operator errors, or equipment or software malfunction, or any other cause beyond the reasonable control of the Disseminating Parties.
RxNotify also recommends that all users keep track of battery use and paging sound settings to their mobile phones or paging devices to ensure alert notifications are clearly transmitted.
3. RXNOTIFY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED (BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE, AND FURTHER INCLUDING ANY REPRESENTATION OR WARRANTY RELATING TO THE PERFORMANCE, QUALITY OR FITNESS FOR PURPOSE OF THE SERVICE OR ANY PRODUCTS, ALL OF WHICH HEREBY ARE EXCLUDED.
4. RXNOTIFY SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR OTHER SIMILAR LOSS OR DAMAGES FOR ANY MATTER ARISING UNDER OR RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, HEALTH PROBLEMS AND COSTS, DAMAGES AND EXPENSES SUFFERED BY YOU THAT RESULT FROM RXNOTIFY BREACH OF ITS CONTRACTUAL OBLIGATIONS OR ANY DEFECT IN ANY PRODUCT OR SERVICE, BY ANY TORTIOUS OR NEGLIGENT ACT OR OMMISSION OF RXNOTIFY, OR INCONVENIENCE, DELAY OR LOSS OF THE USE OF ANY SERVICE OR PRODUCT DUE TO ANY TECHNICAL MALFUNCTION OR LOSS OF COMMUNICATIONS, POWER OR INFORMATION AS DESCRIBED IN PARAGRAPH 2 ABOVE, EVEN IF RXNOTIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SAME. YOU AGREE THAT THE LIABILITY OF RXNOTIFY ARISING OUT OF ANY KIND OF CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICE, THE PRODUCTS OR THE INFORMATION, WILL NOT EXCEED THE AMOUNT CHARGED FOR RECEIVING THE SERVICE OR PRODUCT.
5. In certain states, the foregoing disclaimers and limitations of remedies may not be enforceable as they pertain to personal injury or particular products or matters. In such states, to the extent the disclaimers and limitations are unenforceable; they shall not apply to you.
6. You acknowledge that the Service does not supply medical advice, and that the intention of the Service does not extend beyond delivery of the Information provided by authorized Information Providers to the end user.
7. You agree to contact RxNotify if you become aware of any of the following: (a) any loss, theft or damage to the paging device assigned to you by RxNotify (as applicable), or (b) any unauthorized use of the paging device assigned to you by RxNotify (as applicable), or of the Service, the Products or any Information.
8. You agree to indemnify and hold harmless the Disseminating Parties from and against any and all claims, losses, liabilities, costs and expenses (including but not limited to attorneys' fees) arising from your violation of this Agreement or any third party's rights.
9. RxNotify in consultation either Healthy Neighborhood reserves the right to terminate your access to the Service or any portion of it at our sole discretion, without notice and without limitation, for any reason whatsoever, including but not limited to the unauthorized use of your assigned paging device or the Information, breach of this Agreement, discontinuance of the Service or Products, the continuation of any force major event, or loss of access to any Information from any of the Information Providers.
In the event of termination, the Information Processors and Paging Company shall have no liability to you; provided, however, that if the termination is without cause, RxNotify shall refund the pro rata portion of any fee which may not have been paid by you for the portion of the Service not furnished to you as of the date of such termination.
10. You agree that you are making this Agreement in your own capacity and not on behalf of a firm, corporation, partnership, trust or association.
11. You acknowledge that, in providing you with the Service or Products, Healthy Neighborhood and RxNotify have relied upon your agreement to be bound by the terms of this Agreement. You further acknowledge that this Agreement constitutes the complete statement of your agreement and understanding. This Agreement supersedes any other contemporaneous or prior promises, representations, descriptions or communications regarding the Service, the Products or the Information, even if it were contained in materials provided by RxNotify. This Agreement may be modified only in writing, but if RxNotify sends you written notice of the modification, your use of the Service after receiving such notice will indicate your acceptance of the modification. If any provision of this Agreement is invalid or unenforceable under applicable laws, such provision shall be reformed and construed so as to be enforceable to the maximum extent permitted under applicable law, and to the extent that it may not be so reformed, it shall be deemed omitted and the remaining provisions will continue in full force and effect. This Agreement and performance hereunder will be governed by and construed in accordance with the laws (other than conflict of law rules) of The Commonwealth of New Jersey, as applied to agreements entered into in New Jersey , no matter where you might legally reside.
12. The terms and conditions of Sections 2, 3, 4, 5, 6 and 8 of this Agreement shall survive any termination of this Agreement.
PER MESSAGE PRICING
Users of the RxNotify service must enter a credit card number upon Sign-Up which is validated by charging $25, which is credited back to the account at the end of the first billing cycle. All credit card payments for prescription services will see upon your statements as paid to MedpowerUSA LLC. Users are charged a per message fee as follows:
Text - 10 cents per text message.
Voice - 25 cents per call.
Usage fees are added to the user's account balance which is automatically charged and reset back to $0.00 at the end of the user's monthly billing cycle.
CARE GIVER / THIRD PARTY SIGN-UPS
By signing someone else to the service, you agree to the above Terms and Conditions including but not limited to its limitations and disclaimers.
|