Website Privacy Policy
Last updated: November 25, 2015
This Website is owned by All-Med Express, Inc. (the “Company”). We want our Contractor website users (“Contractors”) to use the services that we provide. The Company respects Contractor privacy, and we trust that our Website Privacy Policy (“Privacy Policy”) will underscore our commitment to Contractors.
This Privacy Policy is designed to help Contractors understand how we collect and use the information Contractors decide to share, and help Contractors make informed decisions when providing information to the Company.
Additionally, this Privacy Policy describes our use of Contractor personal information (as defined and described below), our commitment to information security, and how we may make changes to this Privacy Policy from time to time.
Please read the following information carefully because continued use of our website by Contractor constitutes acceptance of our privacy practices.
The Information We Collect
We do not collect personal information about Contractors through this Website unless Contractors voluntarily provide it. . We may collect personal information upon the creation or alteration of an online profile, contact via the web, or when a Contractor completes any transaction with All-Med online.
At any time, Contractor may choose not to provide personal information or may choose to discontinue use of our website. However, the choice to “opt-out” of providing personal information, may prevent All-Med from being able to provide the desired information or services.
Personal information is information that identifies an individual specifically. Examples of information that may be provided by using this website includes:
- Name
- Email address
- Address
- Phone number(s)
It is also the Company’s expectation that users of our website will refrain from using language or email addresses which could be considered offensive, slanderous, in violation of any laws or of any person’s rights or in a manner that is contrary to acceptable business practices or etiquette. The Company reserves the right in its sole discretion to discontinue providing any or all electronic services to users of our Website.
Automatic Collection of Information
To improve our website and to ensure we continue to provide information useful to Contractors, we collect, through the use of “cookies” and other technologies, information such as: the number of visits to our website, the amount of time visitors spend on the website, the number of pages viewed, and the domains from which users visit our website. A cookie is an unencrypted text file that is stored on a computer hard drive or in a computer’s memory and contains information about webpage visit(s) and preferences and cookies come in two types – session (for the life of a web session) or persistent (remains after a web session). We may choose to use session and/or persistent cookie technology, to assist us in customizing our website’s content based on subject matter choices, to provide the requested information, and to enhance the experience on our website. Many popular browsers allow you to decide whether to refuse, accept, or delete cookies. If Contractor chooses not to accept cookies, however, some Web pages may not display properly or certain information may not be accessible.
How We Use the Information We Collect
We use the information provided to provide the services and to support our business functions. For example, we may use information to:
- Fulfill requests and communicate about those requests;
- Register and service a Contractor profile;
- Improve the content of our website;
- Protect the security of our website and our business. Information Sharing
The Company may share personal information for legitimate business purposes, including without limitation, the following:
- Sharing information with the Company’s subsidiaries and affiliates, unless prohibited by law or regulation;
- Making information available to third parties who are providing service(s) to the Company or its subsidiaries or affiliates (for example, third-parties performing credit card processing, credit reporting agencies, electronic bill payment services, or debt collection services). These companies are authorized to use personal information only as necessary to provide these services to us);
- To third-parties, for marketing and commercial purposes of All-Med. • Undergoing business transitions; in the event the Company experiences a business transition, such as a merger or acquisition, or selling a portion of its assets, personal information will, in most instances, transfer as part of the assets;
- Forming a good-faith belief that disclosure of information is necessary to protect the rights and property of the Company, and/or its affiliates, other Company customers; or,
- Disclosing information when allowed or required by law or regulation or when our legal counsel has a good-faith belief that a subpoena or court order requires the disclosure. Aggregate or Generic Information
This Privacy Statement does not apply to aggregate and/or generic information that does not identify any individual. Therefore, the Company reserves the right to share non-personal information with third parties for any reason, unless prohibited by law or regulation.
Children’s Policy
We do not intend to collect any personal information from children through this website. Please do not allow children under the age of 13 to provide any personal information in connection with this website. If we determine that a child under 13 has provided personal information in violation of this Policy, we will delete that information as soon as practicable. If Contractor becomes aware that such information has been provided by a child under the age of 13, please contact us so that we can delete any such information.
Information Security
We use reasonable information security safeguards and techniques to protect the information provided to us. When Contractors submit sensitive information via this website, the information is protected both during transmission and in storage. The Company uses prevailing information technology industry practices to protect personal information from loss, misuse, alteration, and destruction. Such measures include the use of firewalls, encryption, and secure socket layers to protect sensitive transmissions of information received. In some areas of our website, we require a user ID and password to access certain information. To protect information off-line, access to the information provided is limited to those who specifically need it to conduct their business responsibilities. Information is stored on secure servers protected inside controlled facilities. Unfortunately, no information can be guaranteed to be 100 percent secure, so we cannot give an absolute assurance the information provided to us will be secure at all times.
The Company does not have any responsibility whatsoever for the secure and effective operation of a) Contractor Computer Systems (including but not limited to desktops, laptops, handheld devices, and networks), or b) any software installed on Contractor Computer Systems, used to access this website. Please employ reasonable security practices to any Computer System or software used to connect to our Website, including:
- Maintain (via updates and patches) the most current versions of Contractor’s Computer System, including operating system, software, web browsers, and browser plug-ins;
- Install and update anti-virus software on all Contractor Computer Systems;
- Do not click on suspicious links, or open attachments from mysterious senders, and beware of email messages or websites requesting personal information;
- Browse the Internet securely.
Obtaining and Correcting Information and Opting-out
Any Contractor wishing to know the personal information we have obtained through the use of this Website or that believes we have obtained inaccurate information through the use of our website, please contact us using the information provided in the “Contact Information” section below.
Non-Company Websites
For convenience, we offer Contractors the ability to link to and view pages of websites not operated or controlled by the Company. Contractors should be able to tell you have linked to a non-Company website because the link launches a separate web page. The Company does not monitor or control the content or the privacy practices of these non-Company websites and is therefore, not responsible for the privacy practices or the content of linked external websites. When using a link to a non-Company website, Contractors should review the privacy practices and policies of the external Website.
Privacy Statement Changes
We may change this Privacy Statement without notice and changes will be posted to this Website accordingly. Please visit this website periodically to review the current Privacy Statement. Use of our website after the posting of a revised Privacy Statement constitutes Contractor’s acceptance of our privacy practices.
Contact Information
If Contractor has questions about this Privacy Statement or wishes to contact us concerning information provided through the use of our Website, please contact us at the following.
Email: email
Telephone: _________________
Postal Address: ___________________
TERMS OF USE
Welcome to PharmaScan, operated by All-Med Express, Inc. Please note that our smartphone applications are provided solely to assist authorized Contractors in the safe and effective delivery of pharmaceutical products to customers, and for no other purposes.
These Terms of Use (“Terms”) constitute a legally binding contract by and between All-Med Express, Inc. (“All-Med”, “we”, “us”, “our”) and an authorized Contractor (“Contractor” or “You”) with respect to Contractor’s legal rights and obligations, and governs Contractor access to and use of the PharmaScan Web site or application for mobile or other device (the “Application”) and (2) any other services or features made available by us through the Application (Items (1) & (2), collectively, the “Services”).
IT IS IMPORTANT THAT CONTRACTOR CAREFULLY READ THESE TERMS BEFORE USING OR ACCESSING THE SERVICES. BY ACCESSING AND REGISTERING FOR OR USING THE SERVICES, CONTRACTOR ACKNOWLEDGES HAVING READ AND UNDERSTOOD THESE TERMS AND SIGNIFIED ITS IRREVOCABLE ACCEPTANCE TO BE LEGALLY BOUND BY THESE TERMS.
We may from time to time in our sole discretion, modify, update, add or delete all or any portion of these Terms without notice. Contractor agrees to periodically review these Terms in order to be aware of any modifications. Contractor’s continued access or use of the Services following any such change constitutes acceptance of and agreement to be bound to these Terms as revised. If Contractor does not agree with these Terms, its sole recourse is to immediately terminate use of the Services, in which case Contractor will no longer have access to its Account (defined in Section 2 below).
1. Services
The Services constitute a technology platform that enables users of the Application to arrange and record the acceptance and proof of delivery of pharmaceutical products. All-Med, through the Application, provides to Registered Couriers (defined below) pick-up and delivery information submitted by its pharmacy subscribers so that such couriers can provide safe, efficient and reliable transport of pharmaceutical products to the end users. All-Med makes no representation or warranty (a) regarding the accuracy of any data (including without limitation the pick-up and drop-off information) received from the pharmacy subscriber or other source, or (b) on behalf of any other user of the Services.
2. Access to the Services
No Contractor is authorized to access or use the Services unless that Contractor is a courier (“Registered Courier”) who has entered into a Courier Contract Agreement (“Agreement”) with All-Med has received All-Med’s express authorization to use the Services, and has executed a HIPAA Subcontractor Agreement with All-Med. Contractors must register and maintain an active User account (“Account”) to use and access the Services. As part of the registration, Contractors may be asked to provide certain personal identifying information or other information. It is a condition of use of the Services that all the information provided will be correct, current, and complete. Contractors may not use false information, impersonate any person or entity, or otherwise mislead as to identity. If we believe the information a Contractor provides is not correct, current, or complete, we have the right to refuse access to the Services, and to terminate or suspend access at any time. Contractors are responsible for safeguarding any password used to access the Services, for any activities or actions under an Account and password, and for promptly informing All-Med if a Contractor believes that its Account or password has been compromised or if there is any other reason to deactivate a password. We will not be liable for any loss or damage arising from the failure to comply with these Terms. A Contractor may only access and use the Services if the applicable jurisdiction allows Contractor to accept these Terms.
All-Med may immediately terminate anyAccount, or suspend access to an Account, in its sole discretion and without notice, for conduct that we believe is: (a) illegal, fraudulent, harassing or abusive; (b) a violation of these Terms or any other policies or guidelines posted by All-Med; or (c) harmful to other users, third parties, or our business interests.
3. License Grant
Subject to compliance with these Terms, we hereby grant to Contractor a personal, limited, nonassignable and non-exclusive license to access and use the Services on compatible mobile devices only for its intended purpose and solely in connection with Registered Deliveries. We may revoke this right of use at will.
Subject to Contractor compliance with the Terms hereof, and only to the extent of our rights in Transaction Information, we hereby grant to Contractor a personal, limited, non-assignable and nonexclusive license to use, solely in connection with the Services and a Registered Delivery, relevant Transaction Information made available through the Services; provided, however, that Contractor may not (other than as required to facilitate the Registered Delivery): (i) publish, distribute, license, lease, sell or otherwise commercialize any Transaction Information or rights to use or access the Transaction Information; or (ii) use or disclose the Transaction Information in any manner that would violate the rights of any person.
“Registered Delivery” shall mean a delivery authorized by All-Med in connection with the Services.
“Transaction Information” shall mean all Content and User Content relating to a Registered Delivery.
4. Restrictions on Use
Contractor agrees not to (and not to allow any third party to):
- use, copy, adapt, translate, modify, sub-license, sell, publish, distribute or otherwise commercialize any portion of the Services other than to the extent that Contractor is expressly licensed to do so under these Terms;
- rent, lease or otherwise transfer rights to use or access the Services, or knowingly allow any person to access the Services in violation of these Terms;
- reverse engineer, decompile, disassemble or create any derivative works from the Services, or use any robot, spider, scraper or other automatic or manual device, process or means to access the Services or any information from the Services;
- transmit any content or information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that Contractor does not have a right to make available under any law or under contractual or fiduciary relationships;
- use any device, software, process or routine or transmit any material that will, or attempt to, (i) interfere, interrupt, destroy or limit the functionality of the Services or interfere with any person’s use or enjoyment of the Services, or (ii) retrieve, index, “data mine,” reproduce the Application or the Content therein, or circumvent authentication and security measures, or (iii) harvest or collect information about any users without their express consent;
- transmit any information that is known by Contractor to be fraudulent, false, inaccurate, misleading or deceptive;
- transmit any information that consists of or includes solicitations, advertisements, spam or unsolicited material, or violates in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003);
- transmit any information that violates or infringes any intellectual property or other right of any person, including without limitation trademarks, copyrights, privacy rights or confidentiality rights
- use and disclose any protected health information (“PHI”), as such term is defined under the Health Insurance and Portability Act (“HIPAA”) and its implementing regulations in 45 CFR § 160.100, et. seq. unless otherwise lawfully authorized and in compliance with Contractor’s HIPAA Subcontractor Agreement with All-Med; and
- use the Services for any fraudulent purposes, or to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
Contractor must use the Services in compliance with all laws and, when using any mobile applications to access the Services, in compliance with applicable third party terms (e.g., wireless data service agreement).
All-Med reserves the right (but does not have any obligation) to at any time monitor and review Contractor Account information and any User Content (defined below in Section 8) transmitted by Contractor or others in connection with the Services for the purpose of determining compliance with these Terms or to detect illegal activity. All-Med reserves the right, in its sole discretion, to refuse service, terminate Contractor’s account, or remove or edit any User Content.
5. DO NOT USE WHILE DRIVING
Contractor agrees, represents and warrants, so long as Contractor uses or accesses the Services, that CONTRACTOR WILL NOT, UNDER ANY CIRCUMSTANCES, ACCESS, VIEW, OR USE THE SERVICES WHILE DRIVING OR OTHERWISE OPERATING A VEHICLE OF ANY KIND (including, without limitation, a car, truck, motorcycle, motor scooter, or bicycle) or operating any dangerous equipment or machinery. Contractor understands that using any handheld device in these circumstances is extremely dangerous, and can result in property damage, physical injuries (including dismemberment) or death. Contractor further agree, represent and warrant, that Contractor will not use or access the Services in any manner that places any person at risk of injury, and that Contractor will abide by all traffic laws. Under no circumstance will any of the All-Med Parties (as defined below) assume any responsibility or liability for the consequences of driving decisions made by Contractor. Contractor expressly agrees that no All-Med Party shall be liable for any choices made by Contractor or at the suggestion of Contractor while driving or for any damages, injury or other harm caused by Contractor’s use of or accessing the Application or other Services while driving, operating equipment or machinery, or otherwise in a dangerous and unsuitable manner, and waive any claims or causes of action Contractor may have, now or in the future, arising from or relating to the same. In the event that any party names any All-Med Party as a defendant in a case involving Contractor’s use of the Services while operating a vehicle, Contractor’s agree to indemnify and hold any such All-Med Party harmless in such action.
6. Communications; Location-Based Services
All-Med may send Contractor SMS text messages to provide information in connection with the Services or as otherwise described in our Privacy Policy. Contractor hereby expressly consents to receiving any such SMS text messages. In order to use the SMS-based Services, Contractor must maintain an active account with a telecommunications carrier for mobile devices. Contractor acknowledges and agree that geolocation information regarding availability for a Registered Delivery shall be monitored and traced through the Application via GPS tracking. Details regarding the Registered Courier, the Registered Delivery, the position of the Registered Courier and the type of mobile device used by the Registered Courier in connection with the Services shall be collected by All-Med and may be disclosed to the parties sending and receiving the pharmaceutical products. All-Med may collect, use, and share precise geolocation data, including Contractor real-time geographic location to provide location-based services in connection with the Application and for analytical, marketing and commercial purposes of All-Med. This location data is used by All-Med to provide and improve location-based products and services.
Contractor expressly consents to All-Med’s use of locations-based services and Contractor expressly waive and release All-Med from any and all liability, claims, causes of action or damages arising from use of the use of the geo-location and other location-based services in connection with the Application.
7. Technical Requirements
Use of the Services requires Internet access through a mobile device. Contractoris responsible for all mobile carrier charges resulting from Contractor use of the Services, including from any notifications provided by the Services. All-Med does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. The user interface and functionality may not be the same across all platforms and devices.
8. All-Med Proprietary Rights
The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries, as applicable. [All-Med and PharmaScan] and the [All-Med/PharmaScan] logo, design and graphics are trademarks of [All-Med]. Nothing in these Terms gives Contractor a right to use the [AllMed or PharmaScan] name or any of our trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services and the intellectual property rights therein, as well as the look and feel of the Application, are and will remain the exclusive property of All-Med and its licensors, respectively. All text, graphical content, video, data and other content made available through the Services (collectively, the “Content”) are provided to Contractor by All-Med or its partners or licensors solely to support Contractor’s permitted use of the Services. The Content may be modified from time to time by All-Med in its sole discretion and without notice. Except as expressly set forth in these Terms, no license right or interest is granted to Contractor for any other purpose, and any other use of the Services or the Content by Contractor shall constitute a material breach of these Terms. All-Med and its partners or licensors retain all rights in the Services and Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights.
9. User Generated Content
The Services may permit Contractor to submit reviews, comments, and ratings; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to All-Med, other registered users or third parties (“User Content”). Any feedback, comments, or suggestions Contractor may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to Contractor. Contractor is solely responsible for all User Content generated (and for a Contractor Account generally). If Contractor does submit User Content, please be aware that unless we indicate otherwise, you grant to All-Med a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media. All-Med takes no responsibility and assumes no liability for any User Content submitted by Contractor or any other user or third party.
Contractor agree to indemnify and hold any All-Med Party harmless in the event All-Med is named as a defendant in an action related to Contractor’s User Content and Contractor hereby affirms that we have the right to determine whether any Contractor User Content submissions are appropriate and comply with these Terms, to remove any and/or all of Contractor submissions, and terminate Contractor Account with or without prior notice. Contractor understands and agree that any liability, loss or damage that occurs as a result of any of the use of any User Content that Contractor makes available or accesses through the use of the Services is solely Contractor’s responsibility. All-Med is not responsible for any public display or misuse of any User Content. All-Med does not, and cannot, pre-screen or monitor all User Content; however, at our discretion, we, or technology or agents we employ, may monitor and/or record Contractor interactions with the Services and your submission(s) of User Content.
10. Intellectual Property Infringements
We respect the intellectual property rights of others and expect Contractor to do the same. We will respond to notices of alleged infringement that comply with applicable law and are properly provided to us. If Contractor believes that itsintellectual property has been copied in a way that constitutes copyright infringement, or that Contractor intellectual property rights have been otherwise violated, please provide a written notice to All-Med’s Agent for Notice (listed below) with the following information:
- A description of the copyrighted work or other intellectual property that Contractor claims has been infringed;
- A description of where the material that Contractor claims is infringing is located on the site, with enough detail that we may find it on the site;
- Contractoraddress, telephone number and e-mail address;
- A statement that Contractor has a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- A statement by Contract under penalty of perjury that the information in the notice is accurate and that Contractor is the copyright or intellectual property owner or are authorized to act on behalf of the copyright or intellectual property owner; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest. Our designated Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Name of Agent for Notice: [_____________________]
By mail: [insert address]
By email: [insert email address]
Attachments will not be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
11. Privacy and Information Security
We respect your privacy. Although we cannot and do not guarantee the security of our systems, we are committed to reasonable measures to safeguard personally identifying information you may share with us in connection with the Services. Any User Content that Contractor transmits in connection with the Services is subject to our Privacy Policy, which governs our collection and use of personal information. Contractor understands that, through the use of the Services, Contractor consents to the collection and use (as set forth in the Privacy Policy) of User Content, including the transfer of this information to the United States and/or other countries for storage, processing and use by AllMed. We reserve the right to access, read, preserve, and disclose any User Content as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of AllMed, its users and the public. Contractor shall comply with all applicable privacy and information security laws, including without limitation, HIPAA, and the security breach notification laws thereunder.
12. Contractor Representations
- You represent and warrant that: (i) you are at least 18 years of age and possess the full legal right, capacity and authority to enter into these Terms and to perform your obligations hereunder, including without limitation, those related to the access and use of the Services; (ii) your access to and/or use of the Services is intended to, and does in fact, constitute an electronic execution of and acceptance of these Terms, which has been duly authorized by all necessary action on your part; (iii) you have all necessary right, power and authority to grant the licenses and rights you have granted to All-Med in these Terms; (iv) these Terms constitutes a valid and legally binding obligation of you, enforceable against you in accordance with its terms; (v) you will provide true, accurate, current and complete information in connection with your use of the Services; (vi) you will not provide the name, address, email address, phone number, or other personally identifiable information of any person under the age of 13; and (vii) your use of the Services related thereto complies with any and all applicable laws.
- You acknowledge and agree that: (i) All-Med makes no representation or warranty regarding, and shall not be liable for, the validity, legality, enforceability, accuracy, completeness, suitability or appropriateness of the Content and/or Application capabilities; (ii) All-Med makes no representation or warranty, and shall not be liable for, the ability or inability to access, view, and/or receive the Services; (iii) All-Med has no responsibility or liability whatsoever for the deletion, corruption or failure to store any Content or User Content maintained or transmitted in connection with the Services (iv) you are solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software required to access and use the Services; and (v) You are solely responsible for determining what notification or information must be provided or disclosed to relevant persons involved in a Registered Delivery facilitated by the Services.
All representations A breach of any of your representations or warranties is grounds for immediate cancellation of the rights and the Services offered to You hereunder.
13. Disclaimer and Limitations of Liability
You acknowledge and agree that the following disclaimers and limitations of our liability apply to the maximum extent permitted under applicable law of the relevant jurisdiction.
DISCLAIMERS. THE SERVICES, AS WELL AS ALL CONTENT AND USER CONTENT PROVIDED TO YOU BY ALL-MED IN CONNECTION THEREWITH, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL-MED HEREBY DISCLAIMS AND NEGATES ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, COMPLETENESS AND NONINFRINGEMENT. ALL-MED MAKES NO REPRESENTATION OR WARRANTY AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR: (a) THE VALIDITY, COMPLETENESS, ACCURACY, AVAILABILITY, SUITABILITY, RELIABILITY, TIMELENESS, RESULTS OR SECURITY OF THE SERVICES, OR ANY CONTENT OR USER CONTENT PRODUCED OR TRANSMITTED IN CONNECTION THEREWITH, (b) ANY INTERFERENCE OR SUSPENSION OF SERVICES OR ANY LOSS, NON-DELIVERY, CORRUPTION, DESTRUCTION OR DELETION OF CONTENT OR USER CONTENT TRANSMITTED BY YOU OR OTHERWISE PRODUCED OR DELIVERED IN CONNECTION WITH THE SERVICES, OR (c) ANY INTERRUPTION OR DAMAGE TO YOUR BUSINESS OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM YOUR ABILITY OR INABILITY TO ACCESS OR USE THE SERVICES.
LIMITATION OF LIABILITY. IN NO EVENT SHALL WE, OUR SERVICE PROVIDERS, SUPPLIERS, AND DISTRIBUTORS (AND THE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES AND AGENTS OF THE FOREGOING) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER. YOU SPECIFICALLY AGREE THAT ALL-MED SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY WHATSOEVER FOR UNAUTHORIZED ACCESS TO, USE, ALTERATION, TRANSMISSION OR FAILED TRANSMISSION OF CONTENT AND/OR USER CONTENT IN CONNECTION WITH THE SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US $100.00) OR THE AMOUNT PAID BY YOU, IF ANY, TO ALL-MED IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
YOUR SOLE REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE SERVICES. THESE LIMITATIONS OF LIABILITY SHALL APPLY IRRESPECTIVE OF WHETHER WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGES.
14. Indemnification
YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD US, OUR LICENSORS, LICENSEES, DISTRIBUTORS, AGENTS, REPRESENTATIVES AND OTHER AUTHORIZED USERS, AND EACH OF THE FOREGOING ENTITIES’ RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS (COLLECTIVELY, THE “ALL-MED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES AND COSTS (INCLUDING SETTLEMENT COSTS AND ANY LEGAL OR OTHER FEES AND EXPENSES FOR INVESTIGATING OR DEFENDING ANY ACTIONS OR THREATENED ACTIONS) INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO (a) YOUR BREACH OF THESE TERMS AND/OR THE PRIVACY POLICY, (b) ANY USER CONTENT YOU TRANSMIT IN CONNECTION WITH THE SERVICES, (c) YOUR USE OF OR MISUSE OF OR ACTIVITIES IN CONNECTION WITH THE SERVICES, AND/OR (d) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT.
You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
15. Termination
All-Med may suspend your ability to use all or any element of the Services or terminate these Terms effective immediately, without any notice or explanation. Without limiting the foregoing, All-Med may suspend your access to the Services if we believe you to be in violation of any part of these Terms. After any suspension or termination, you may or may not be granted permission to re-establish an Account. You agree that All-Med shall not be liable to you for any termination of these Terms or for any effects of any termination of these Terms. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content you stored in your Account for which All-Med will have no liability whatsoever.
In all such cases of termination of your Account, these Terms shall terminate, including, without limitation your license and right to use the Application and other Services, except that any section that by their nature should survive shall continue to apply.
16. General Terms
You acknowledge and agree that all of Your representations, warranties and covenants contained in Your Service Agreement with All-Med are hereby incorporated into these Terms. A breach of any representation, warranty or covenant of Your Service Agreement is grounds for immediate termination of the rights and the Services offered to You hereunder.
You agree to abide by and comply with all applicable local, state, national, and international laws and regulations (including applicable laws that pertain to the transmission of technical data, privacy, the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property).
The laws of the State of [Florida], excluding conflict of laws provisions, will govern these Terms and all matters arising out of or related to these Terms. You agree to submit to the jurisdiction of the courts of the State of [Florida], and expressly agree to venue in the state and federal courts located in [___________] County, [Florida] and waive any objection based on personal jurisdiction.
These Terms, including the Privacy Policy, the Service Agreement and the BAA, as amended from time to time according to their terms, shall constitute the entire agreement between you and All-Med with respect to the Services, and shall supersede all prior agreements, arrangements, representations or promises, whether oral or written, as to its subject matter.
Neither party shall be deemed to be in default of any provision hereof or be liable for any delay, failure in performance, or interruption of service resulting directly or indirectly from acts of God, civil or military authority, civil disturbance, war, terrorism, strikes, fires, other catastrophes, power or telecommunications failure or any other cause beyond its reasonable control.
No waiver by either party of any default by the other in the performance of any provisions of these Terms shall operate as a waiver of any continuing or future default, whether of a like or different character. You may not assign or transfer these Terms without All-Med’s prior written consent. Any attempt by you to assign or otherwise transfer these Terms without All-Med’s consent shall be null and void. AllMed may assign or otherwise transfer these Terms without obtaining your prior written consent. If any provision of these Terms (or any portion thereof) shall be invalid, illegal or unenforceable, the validity, legality or enforceability of the remainder of these Terms shall not in any way be affected or impaired thereby.
The relationship between You and All-Med is solely that of independent contracting parties. Nothing in these Terms shall be construed to create a partnership, joint venture or agency relationship between the parties. Neither party will have the power to bind the other or to incur obligations on the other’s behalf without such other party’s prior written consent.
The parties may give notice to each other via email, SMS messaging, fax or certified mail. Notices sent to All-Med should be directed to [insert email address]. Notices sent to you will be sent by SMS messaging to the phone number you provided during registration or to the email address you provided during registration of an Account.
You agree to be bound by any affirmation, assent or agreement you Transmit by computer or other electronic device. You agree that, when you click on an “I agree,” “I consent” or other similarly worded “button” or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
You acknowledge that All-Med reserves the right to refuse the Services to anyone and to cancel Your access at any time.
These Terms were last updated: November 1, 2015
PHARMASCAN MOBILE APPLICATION PRIVACY POLICY
This privacy policy governs use by authorized Contractors (“Contractors”) of our PharmaScan software application (“Application”) created by All-Med Express, Inc. on a mobile device. The Application is provided solely to assist Contractors in the safe and effective delivery of pharmaceutical products to customers, and for no other purposes.
Contractor- Provided Information – the Application obtains the information a Contractor provides following the download and registration of the Application. No Contractor is authorized to use the Application unless you that Contractor is a Registered Courier who has entered into a Courier Contractor Agreement with All-Med and received All-Med’s express authorization to use its Services.
Registration and acceptance of our Terms of Use are mandatory in order to be able to use the Application.
When a Contractor registers with us and uses the Application, it may provide a) name, email address, user name, password and other registration information; b) transaction-related information, c) information provided when a Contractor contacts All-Med for help. All-Med also may use the information provided by a Contractor to contact that Contractor from time to time with important information, required notices, and other promotions.
Automatically Collected Information – The Application may collect certain information automatically, such as mobile device type, mobile device unique device ID, mobile device IP address, mobile operating system, mobile Internet browsers, and information about the way Contractors use the Application.
Collection of Location-Based Information
Contractors acknowledge and agree that geolocation information regarding availability for a Registered Delivery shall be monitored and traced through the Application via GPS tracking. Details regarding the Registered Courier, the Registered Delivery, the position of the Registered Courier and the type of mobile device used by the Registered Courier in connection with the Services shall be collected by All-Med and may be disclosed to the parties sending and receiving the pharmaceutical products. All-Med may collect, use, and share precise geo-location data, including real-time geographic location to provide location-based services in connection with the Application, and for analytical, marketing and commercial purposes of All-Med. This location data is used by All-Med to provide and improve location-based products and services. Contractor expressly consents to All-Med’s use of location-based services and Contractor expressly waives and release All-Med from any and all liability, claims, causes of action or damages arising from Contractor’s use of the use of the geo-location and other location-based services in connection with the Application.
Information Sharing with Third Parties
All-Med will share Contractor information with third parties only in the ways that are described in this Privacy Policy.
All-Med may disclose Contractor-Provided, Automatically Collected, and Location-Based Information:
- As required by law, such as to comply with a subpoena, or similar legal process;
- When All-Med believes in good faith that disclosure is necessary to protect our rights, protect Contractor safety or the safety of others, investigate fraud, or respond to a government request;
- With our trusted service providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this Privacy Policy.
- To third parties, for marketing and commercial purposes of All-Med.
- If All-Med Express, Inc. is involved in a merger, acquisition, or sale of all or a portion of its assets, Contractor will be notified via email and/or a prominent notice on our Website of any change in ownership or uses of this information, as well as any choices Contractor may have regarding this information;
What are Contractor’s opt-out rights?
Contractor can stop all collection of information by the Application by uninstalling the Application. Contractor may use the standard uninstall processes as may be available as part of a mobile device or via the mobile application marketplace or network. Data Retention Policy, Managing Contractor Information
We will retain Contractor Provided data for as long as Contractor uses the Application and for a reasonable amount of time thereafter. If Contractor would like for All-Med to delete Contractor Provided Data provided via the Application, please contact us at contact info and we will respond in a reasonable time. Please note that some or all of the Contractor- Provided Data may be required in order for the Application to function properly, and we may be required to retain certain information by law.
Children
All-Med do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at contact.
Security
All-Med are concerned about safeguarding the confidentiality of Contract information. All-Med provides physical, electronic, and procedural safeguards to protect information we collect, process, and maintain. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
This Privacy Policy may be updated from time to time for any reason. We will notify Contractor of any changes to our Privacy Policy by posting the new Privacy Policy at website. Contractor is advised to consult this Privacy Policy regularly for any changes.
Contractor Consent
By using the Application, Contractor is consenting to our processing of Contractor-Provided, Automatically Collected, and Location-Based information as set forth in this Privacy Policy now and as amended by us. “Processing,” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States.
Contact Us
If Contractor has any questions regarding privacy while using the Application, or has questions about our practices, please contact us via email at contact.