Last Updated: August 20, 2018
The Terms set out below govern your access to and use of the MedAvail Pharmacy Inc. (“SpotRx”, “SpotRx Pharmacy”, “we”, “us”, or “our”) website spotrx.com (the “Site”), web application (the “SpotRx Web App”) and mobile application (the “SpotRx App”) administered by MedAvail Technologies Inc. (“MedAvail”). The SpotRx Web App and the SpotRx App, collectively the “Applications”.
We reserve the right to modify the Terms at any time. The most current version of the Terms will be made available on the Site. By accessing or using the Applications or the Site after any changes are posted, you agree to those changes.
AGE REQUIREMENT: If you are under the age of 18, you must review the Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand and accept the Terms.
NO MEDICAL ADVICE: Through the Applications, you will be able to access your prescription history and other personal health information that has been collected and generated by your SpotRx pharmacist. Access to your personal information is being provided only for general informational and record-keeping purposes and to permit you to request a fill, or refill of your prescription at SpotRx or request a transfer of your prescription to SpotRx. The personal health information that you can access does not, nor is it intended to be construed as medical, legal, or other professional advice or opinion, nor does the information represent your comprehensive or complete medical history. No information contained or accessible through the Applications or the Site should be construed as taking the place of your physicians, pharmacist or other qualified healthcare professionals advice. We are not responsible for any reliance or decisions made by you based on the information made available through the Services. The Applications should not be used for urgent healthcare matters. If you are experiencing an urgent health care matter or otherwise need immediate medical attention, please contact your healthcare provider or call 911.
You should check product information, including package inserts, for information on proper use, dosage, precautions, warnings, side effects, and contraindications before administering or using any prescription product filled or refilled via the Applications.
ARBITRATION NOTICE: The Terms contain a binding arbitration provision. You agree that, except for certain types of disputes described in the arbitration provision below, all disputes between you and SpotRx will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or class-wide arbitration.
- License. Subject to your compliance with the Terms, SpotRx grants you a limited, revocable, nontransferable, nonassignable, nonexclusive license to download, install, and use the Applications on any compatible device that you own or control solely for your personal noncommercial use as permitted by the Terms, any documentation accompanying the Applications, and any agreements between you and the applicable App Marketplace.
- Your Account; SpotRx Kiosk. The Services allow you to request a fill or refill of your prescriptions at SpotRx, the SpotRx Kiosks that are operated by SpotRx or for delivery. You can also request to transfer your prescriptions to SpotRx. You will be required to set up an account in order to use the Applications. You will be required to submit certain information in order to set up your account and will be required to establish a username and password. You are responsible for maintaining the confidentiality of any information you use in connection with the Applications including your username and password. To complete the registration process, you will be required to create a personal access code (PIN) and you must have a valid email address. You agree that you are responsible for maintaining the confidentiality of your PIN. You warrant that all information you provide in connection with your access to and use of the Applications is true, accurate and complete to the best of your knowledge and belief. You authorize MedAvail to use your account information for the administration and maintenance of the Applications and the Site. If you submit the personal information of any person other than yourself in setting up an account or otherwise in using the Services, you warrant that you have that persons permission to provide us with that information.
- Application Marketplaces. The Terms do not modify any agreement between you and the applicable mobile application marketplace, for example, Google Play and Apple’s App Store (each, an “App Marketplace”). You understand that the Terms are entered into between you and SpotRx and not between you and any App Marketplace. You further understand that solely SpotRx, and not any App Marketplace, is responsible for the Applications, including its content, and for addressing any claims (yours or a third party’s) relating to the Applications or your use of the Applications. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Applications.
- Application Updates. We reserve the right to update and otherwise modify the Applications at any time (“Updates”), including the right to delete and modify certain features and functionality, without liability to you. You will promptly download and install, or cause your device to automatically download and install, any available Updates. Any failure to use the latest version of the Applications may result in the Applications not operating properly. The Terms govern all Updates unless the Update is accompanied by a separate agreement, in which case that agreement will govern. If there are multiple versions of the Applications available for download, the Terms apply to all versions of the Applications regardless of the location from where it is downloaded. The term “Applications” as used herein includes all Updates.
- Use Restrictions. You may not: (i) copy, reproduce, display, duplicate, sell, publish, post, license, rent, or distribute the Applications or any part of the Applications; (ii) modify, translate, adapt, create derivative works of, decompile, disassemble, reverse-engineer, or attempt to derive, reconstruct, identify, or discover any source code, underlying ideas, or algorithms of the Applications or any part of the Applications; (iii) remove, delete, alter, or obscure any trademark, copyright, patent, or other intellectual property or proprietary rights notices or marks on or within the Applications or the Site; (iv) use the Applications or the Site for unlawful purposes; (v) access, use, or copy any portion of the Applications or the Site through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms; (vi) use the Applications or the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (vii) submit inaccurate information via the Applications or the Site, commit fraud or falsify information in connection with your use of the Applications or the Site, or act maliciously against the business interests or reputation of SpotRx; or (viii) use the Applications or the Site in any anticompetitive manner or for any purpose that has the potential to be contrary to SpotRx’s business or economic interests.
- Compliance with Laws; Export. You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the Applications. You may not export, directly or indirectly, the Applications except as may be authorized by United States export control laws and other applicable laws and regulations. You represent and warrant that you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a “terrorist supporting” country, and that you are not listed on any United States government list of prohibited or restricted parties.
- Data Charges. You are responsible for any third-party telecom data charges incurred by using the Applications.
- Product and Service Availability. The products are subject to availability. Availability of products and services may be limited. Some products and services may not be available in certain areas.
- Feedback. We welcome comments and other feedback regarding the Applications and the Site. If you submit feedback to us regarding the Applications or the Site, whether via email or otherwise, it will not be considered or maintained as confidential. You warrant that you have all rights necessary to submit any feedback. We may use any feedback that you submit in our discretion and without attribution or compensation to you.
- Your Warranties. You warrant that: (i) your use of the Applications will be in accordance with your health care provider’s directions and instructions; (ii) your use of the Applications does not violate any applicable law or regulation; (iii) you have the right to and are able to enter into and be legally bound by these Terms; (iv) you will not impersonate any other person or entity or permit third parties to use your copy of the Applications; (v) you will not use the Applications to violate SpotRx’s or any third party’s rights (including privacy rights, publicity rights, intellectual property rights, and contractual rights); and (vi) you will not use the Applications in any manner that could impair any third-party web site, application, or service in any way or interfere with any third party’s use or enjoyment of any web site, application, or service.
- Term; Termination. The Terms apply upon your acceptance of the Terms or as of the date you first access or use the SpotRx App or the SpotRx Web App, whichever occurs first, and will continue in effect until terminated as described herein. You may terminate this agreement at any time by uninstalling and deleting the Applications, including all copies of the Applications, from your device. We may terminate the agreement at any time without notice if you breach any of the Terms, act in an abusive manner, or act in a manner inconsistent with local, state, or federal laws or regulations. Upon any termination, you must promptly uninstall and delete the Applications, including all copies of the Applications, from your device and cease accessing and using the Applications in any manner. Any provisions that are intended to survive termination (including any provisions regarding indemnification or limitation of our liability) will continue in effect beyond any termination of your access to or use of the Applications.
- NO WARRANTY. THE SPOTRX APP, SPOTRX WEB APP AND THE SITE ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND. SpotRx MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL MATERIAL, DATA, AND OTHER INFORMATION ON THE APPLICATIONS AND THE SITE IS ACCURATE AND RELIABLE, BUT ACCURACY CANNOT BE GUARANTEED. SpotRx DOES NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE APPLICATIONS AND THE SITE. SpotRx DOES NOT WARRANT THAT THE APPLICATIONS OR THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS IN THE APPLICATIONS OR THE SITE WILL BE CORRECTED, OR THAT THE APPLICATIONS OR THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. SpotRx IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS IN THE APPLICATIONS OR THE SITE.TO THE MAXIMUM EXTENT PERMITTED BY LAW, SpotRx EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE APPLICATIONS AND THE SITE, INCLUDING THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT. SpotRx HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.YOUR USE OF THE APPLICATIONS OR THE SITE IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE APPLICATIONS OR THE SITE, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM SpotRx OR IN ANY MANNER FROM THE APPLICATIONS OR THE SITE CREATES ANY WARRANTY. WE MAKE NO REPRESENTATION THAT THE APPLICATIONS OR THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE APPLICATIONS OR THE SITE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATIONS AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, AND EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE APPLICATIONS TO CONFORM TO ANY WARRANTY WILL BE SOLELY YOUR RESPONSIBILITY.
- LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL SpotRx, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE APPLICATIONS AND THE SITE OR YOUR USE OF OR INABILITY TO USE THE APPLICATIONS AND THE SITE (INCLUDING THE INPUT OF PERSONALLY IDENTIFIABLE AND OTHER INFORMATION INTO THE APPLICATIONS), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF SpotRx HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE APPLICATIONS AND/OR THE SITE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL SpotRx’S LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- Indemnification. You will indemnify, defend, and hold harmless SpotRx, its affiliates, the applicable App Marketplace, and their respective directors, officers, employees, representatives, consultants, agents, suppliers, and licensors from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, damages, expenses, and costs (including reasonable attorneys’ fees) that arise out of or in connection with your download of, installation of, access to, or use of the Applications and the Site, your misuse of any material, data, or other information downloaded or otherwise obtained from the Applications and the Site, your violation of applicable laws or regulations, or your violation of the Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
- Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read the following paragraphs carefully because they require you to arbitrate disputes with SpotRx and limit the manner in which you can seek relief from us.
- Applicability. Any dispute, claim, or controversy arising out of or relating to the Terms or the breach, termination, enforcement, interpretation, or validity of the Terms (together, “Disputes”) will be resolved by binding arbitration on an individual basis as described herein (this “Arbitration Agreement”). But, in the event of any actual, alleged, or threatened violation of confidentiality or violation of SpotRx’s intellectual property or other proprietary rights, SpotRx may immediately resort to court proceedings in a court of competent jurisdiction in order to seek immediate injunctive relief without posting bond, proving damages, or meeting any similar requirement. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of either party to submit any claim seeking relief other than injunctive relief to arbitration. This Arbitration Agreement applies to you; SpotRx; SpotRx’s affiliates; SpotRx’s and its affiliates’ respective directors, officers, employees, owners, agents, predecessors in interest, successors in interest, and assigns; authorized and unauthorized users or beneficiaries of the Applications; and any third-party beneficiaries.
- Arbitrator. Arbitration proceedings will be administered by the American Arbitration Association (“AAA”) before an arbitrator chosen by agreement of the parties. If the parties fail to reach agreement on the arbitrator within 30 days after service of the demand for arbitration, the arbitrator will be chosen by the AAA. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties will share equally in the costs assessed for the arbitration and each party will bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. The parties understand that they would have had a right or opportunity to litigate disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they have instead chosen to have all Disputes decided through individual arbitration.
- Place; Federal Arbitration Act. The place of arbitration will be Maricopa County, Arizona, unless otherwise agreed to in writing by all parties to the arbitration. This Arbitration Agreement evidences a transaction involving interstate commerce and the Federal Arbitration Act, 9 U.S.C. Sections 1-16, will govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement.
- Confidentiality. Any and all actions taken under this Arbitration Agreement, including all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.
- Time Limitation on Claims. Arbitration proceedings must be initiated within one year after any Dispute arises; otherwise, the Dispute is permanently barred.
- Assignment. The Terms, including all rights and obligations hereunder, may be freely assigned or transferred by SpotRx, but not by you.
- Third-Party Beneficiaries. The Terms do not confer any rights, remedies, or benefits upon any person other than you and SpotRx, except that SpotRx’s affiliates, the applicable App Marketplace, and that App Marketplace’s affiliates are third-party beneficiaries of this Agreement. Accordingly, the applicable App Marketplace has the right to enforce the Terms against you.
- Electronic Communications. The Terms and any other documentation, agreements, notices, or communications between you and SpotRx may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
- Contact Us. Please direct any questions and concerns regarding the Terms or the Applications or the Site to us by email at email@example.com, by telephone at 1-800-715-1354, or by mail at 1430 E. Fort Lowell Rd., Suite 120, Tucson, AZ, 85719.