Terms of Use

Canada

1. User Acknowledgement and Acceptance of Terms of Use

You are requested to review these Terms of Use carefully, and do the same for Prescribe Online’s Privacy Policy (available here), prior to using www.prescribeonline.com (the ‘Platform’) and any services, features, content, or products offered by Prescribe Online (together with the Website, encompassed as ‘Services’). These Terms of Use, in combination with the Privacy Policy, constitute a legally binding agreement between you and Prescribe Online (hereto forward referred to as ‘we’ or ‘us’ ) as it relates to your use of the Services. By accessing, browsing, or using Services in any capacity you acknowledge having read, understood, and agreeing to be bound by these Terms of Use and the related Privacy Policy; all other operating rules, policies, and procedures that we may publish from time to time on the Platform; and any other applicable terms presented to you by Prescribe Online, including any additional terms or future modifications.

Your use of the Services is subject to all such terms and conditions, which are hereby incorporated into these Terms of Use by reference.

2. The Platform and Services

Our Platform enables you and other users to have access to the services of health care providers, including to receive assistance with prescriptions and relevant information relating to pharmaceutical products. BE AWARE THAT PRESCRIBE ONLINE IS NOT A HEALTH CARE PROVIDER (‘HCP’) AND IS NOT ENGAGED IN THE PRACTICE OF MEDICINE OR ANY OTHER REGULATED HEALTH CARE PROFESSION. WE ONLY PROVIDE TOOLS TO SUPPORT HCPs PROVIDING HEALTH CARE-RELATED SERVICES. WE ARE SUBSEQUENTLY NOT LIABLE FOR ANY MEDICAL AND/OR PHARMACY SERVICES PROVIDED TO YOU BY HCPs OR ASSOCIATED SUPPORT SERVICES PROVIDED BY THEIR AGENTS, WHICH WILL INCLUDE ANY MISDIAGNOSES, MISREPRESENTATIONS, OR OTHER ACTS OR OMISSIONS OF HCPs. NONE OF THE CONTENT ON THE PLATFORM IS MEDICAL ADVICE OR AN ENDORSEMENT, REPRESENTATION, OR WARRANTY REGARDING ANY PARTICULAR TREATMENT, MEDICATION, OR SERVICE’S SAFETY, APPROPRIATENESS, OR EFFECTIVENESS. ANYONE EXPERIENCING A MEDICAL EMERGENCY MUST CALL 911.

ALL HCPs ARE INDEPENDENT, REGULATED HEALTH PROFESSIONALS WHO ARE LICENSED TO PROVIDE MEDICAL OR PHARMACY SERVICES IN ONE OR MORE OF PROVINCES OR STATES AND ARE SOLELY RESPONSIBLE FOR THE PROVISION OF MEDICAL OR OTHER HEALTH CARE SERVICES AND CONSULTATIONS, INCLUDING ISSUING PRESCRIPTIONS AND PHARMACY SERVICES PROVIDED IN ACCORDANCE WITH APPLICABLE PROFESSIONAL STANDARDS AND LAWS.

HCPs may be working in any location as permitted by applicable law. THE PLATFORM IS NOT A SUBSTITUTE FOR THE ADVICE AND MEDICAL CARE PROVIDED BY YOUR HCP. Your use of the Platform will not constitute an HCP-patient relationship between you and the Prescribe Online Platform. Each HCP using the Platform is doing so pursuant to a service contract with us and for the HCP’s own use and purposes. Understand that the HCP is ultimately responsible for all communications with you conducted through the Platform. This is also done in accordance with any arrangement between you and the HCP. The Content contained in our Platform is for informational purposes only and for purposes of these Terms of Use, ‘Content’ will include information, text, photographs, images, videos, audio clips, written posts, and all other materials generated, provided, or made available with the Services.

Be aware as well that content is not validated by the U.S. Food & Drug Administration (FDA) and will not be taken to be a substitute for professional medical advice, or diagnosis / treatment. Always obtain a physician’s examination or that of another qualified HCP regarding a medical condition or health concern.Your use of any information provided by or via the Platform is solely at your own risk. The Platform is not intended to be exhaustive and does not cover all diseases, ailments, physical conditions or respective treatments used for them. Please contact your physician or other HCP without any delay if you have health related concerns.

We may periodically update or correct information presented on the Platform. In that event, it is possible the information on the Platform may include typographical errors and/or technical inaccuracies and/or omissions and no representation or warranty as to the accuracy of any information on the Platform is made. Prescribe Online also expressly disclaims any obligation to update such information. We also reserve the right to make additions, deletions or modifications to any information at any time and without any notice being given prior to it.

DISCLAIMER - IN NO EVENT SHALL WE BE LIABLE TO YOU, ANY OTHER USER OF THIS SITE, 3RD-PARTY PROVIDERS OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (ENCOMPASSING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, DATA LOSS, LOSS OF USE OR COSTS OF OBTAINING ALTERNATE GOODS OR SERVICES) STEMMING FROM THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THIS SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND INDEPENDENT OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

EXCLUSIONS - SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTIES TO BE EXCLUDED, AS WELL AS WITH THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY. AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

3. User Eligibility

The Services are not intended for use by any individual who is not at or beyond the age of majority in the region where they are currently residing. By using the platform you represent and warrant that you are of the age of majority in that State or Province.

4. Changes to Terms and Notice of Changes

We reserve the right to change or modify these Terms of Use. We may also change, suspend, or discontinue the Services at any time and make that decision at our sole discretion by posting a notice on the Platform. Users understand they are responsible for reviewing these Terms of Use periodically for changes. By continuing to use the Services you are expressing your full acceptance of those changes to our Terms of Use.

5. Restrictions and Acceptable Use

Users agree that they will not:

  • license/ sublicense / sell/ resell/ transfer / assign / distribute or otherwise commercially exploit or make the Services available to any 3rd party;

  • modify or make derivative works based upon the Services;

  • reverse engineer, decompile, translate, or affect computer code or item related to the Services in any way; or

  • launch an automated program or script capable of making multiple server requests per second, or unduly burden the Service or hinder the operation /performance in any way;

  • send spam or otherwise duplicative or unsolicited messages that violate applicable laws;

  • send or store infringing, obscene, threatening, libelous, greasy, or otherwise unlawful or tortious material. This can include material harmful to children or ones that violate 3rd party privacy rights;

  • send or store material containing software viruses, worms, trojan horses, or other harmful computer codes, files, scripts, agents or programs;

  • interfere with or disrupt the integrity or performance of the Services or the data contained in them;

  • attempt to obtain unauthorized access to the Services, related systems or networks, or other networks or servers; or

  • use the Services while attempting to impersonate another person or entity; to collect information about other users; or to advertise or offer to sell any goods or services or solicit donations.

You are responsible for the information you submit through the Platform and we will have no responsibility or liability for any Content submitted by you or any other Platform user. We may choose to restrict or remove any and all Content based on our sole discretion if we determine it violates these Terms of Use or is otherwise harmful to us, our customers, or any third party.

We reserve the right to remove Content you provide at any time, but users will acknowledge that we may preserve and access a back-up copy, as well as disclosing the Content if the law requires us to do that or on the belief that such access, preservation, or disclosure is in our best interests.

6. Intellectual Property and License to Use the Platform

The Content is copyright protected, and protected by other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any content you access through the Platform, and agree to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit non-owned content for any purpose. The prior consent of the owner of that content will be required if the content violates any 3rd party’s rights.

Subject to these Terms of Use, we grant you a personal, non-transferable, non-exclusive, revocable, limited license to view and access content on the Platform. We retain all rights, title and interest in and to the Platform, including content and all intellectual property rights along with our respective licensors and vendors. Users understand that no ownership interest is transferred to either you or any other entity by virtue of making the Content available on the Platform, granting the foregoing licenses or entering into these Terms of Use. We may terminate this license at any time for any reason an if you breach any of these Terms of Use, your license to the Content will be terminated immediately with this. Termination of this license means you must stop using the Platform and return or destroy all copies, including electronic copies, of the content in your possession or control.

Unless indicated otherwise, submitting content through the Platform grants us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, or translate the content. We may also create derivative works from it.

You also grant us and any of our sub-licensees the right to use the name that you submit in connection with such content, representing and warranting your ownership or otherwise control of all rights to the Content you have submitted, the accuracy of it, and that use of the Content you supply does is not in violation of our Terms of Use and will not cause injury to any person or entity.

7. Disclaimer of Warranties

All Content on the Platform is offered to users on an ‘as is’ or ‘as available’ basis. To the extent permitted by applicable law, Prescribe Online, all 3rd parties (if any) providing content for the Platform, and all third parties with support or information for the Platform hereby disclaim all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8. Links to 3rd- Party Websites

While accessing the Platform, you may click on a link to other websites and leave the Platform. We may provide links to other websites that may contain information that may be useful or interesting to you. We do not endorse, and are not responsible for, the content and accuracy of linked websites operated by third parties or for any of your interactions with such third parties. Linked websites are subject to their own privacy policies and terms of use. We encourage you to review those policies when accessing those sites. Some jurisdictions do not allow limitations on implied warranties, in which case, this disclaimer may not apply to you.

9. Indemnification

All users agree to defending, indemnifying and holding us and our licensors, each party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising from or related to:

  • your violation or breach of these Terms of Use or any applicable law or regulation, whether or not referenced herein;

  • your violation of any rights of any third party, or

  • your use or misuse of the Services

10.Notice

Notice may be provided for users by means of our posting a general notice on the Platform, email to your email address (if kept on record), or by written communication sent by first class mail or pre-paid post to your address (if kept on record). 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email) will be taken an indication that notice has been given. You may give notice to us, and such notice will be deemed given when we receive it, at any time by letter delivered by nationally-recognized overnight delivery service or first class postage prepaid mail sent to us at this following address:

Prescribe Online - 13820 NE Airport Way, Suite #K382279, Portland, OR, USA, 97251-1158

11. Assignment

You may not assign these Terms of Use without our prior written approval. We may assign these Terms of Use without your consent, and that may include assigning them to an affiliated entity, an acquirer of our assets, or a successor by merger.

12. Miscellaneous

These Terms of Use or your use of the Services will not constitute the formation of a joint venture, partnership, employment, or agency relationship existing between you, us, or any health care provider. If any provision of these Terms of Use is determined to be invalid or unenforceable by a court of competent jurisdiction, such provision will be struck and any remaining provisions will be enforced to the maximum extent of the law. Our failure to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision.

13. Void Where Prohibited

The Platform and its contents are intended to comply with Federal laws and regulations in the U.S. and Canada While the information on the Platform is accessible to users outside of the U.S. and Canada, be aware of information pertaining to our products and services being intended for use by US and Canada residents only. Other countries may have laws, regulatory requirements and medical practices that are different from ones in the U.S. and Canada Offers for any product or service made on the Platform are void where prohibited.