Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the website medrx-one.com and any related content, features, functionality, products, and services offered by MedRX-One (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms and our related policies referenced herein. If you do not agree, do not use the Services.
These Terms constitute a legally binding agreement between you and the owner, Elara Hargrove, 250 Granite St, Braintree, MA 02184 ("we," "us," or "our").
Eligibility and Geographic Restrictions
You must be at least 18 years old and capable of forming a binding contract under applicable law to use the Services. By using the Services, you represent and warrant that you meet these requirements and that all information you provide is truthful, accurate, and complete.
We operate from the United States and make no representation that the Services are appropriate or available for use in other jurisdictions. Accessing the Services from territories where the content or practices are illegal is prohibited. You are responsible for compliance with local laws.
Nature of Services
Health Content; No Medical Advice
The Services may provide general information about medications, diseases, supplements, and related topics for educational purposes only. The Services are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a licensed physician, pharmacist, or other qualified health provider with any questions regarding a medical condition or medication.
Use of the Services does not create a doctor–patient, pharmacist–patient, or other professional relationship. Never disregard professional medical advice or delay seeking it because of information on the Services. If you are experiencing a medical emergency, call 911 immediately.
Prescription and Pharmacy Services
If the Services facilitate the purchase of medications or connect you with pharmacies, telehealth providers, or other third parties, all such transactions are subject to applicable federal and state laws and the policies of those third parties. Prescription medications require a valid prescription issued by a licensed healthcare provider following a legitimate patient–provider relationship and appropriate evaluation. We do not dispense or ship controlled substances and will not facilitate any transaction that violates law or professional standards.
We reserve the right, in our sole discretion, to refuse, cancel, or limit any order, verify identity and age, request a valid prescription, and require additional information as permitted by law. Any estimated pricing, availability, descriptions, or images are subject to change without notice. We do not guarantee insurance coverage, reimbursement, or eligibility for any product or service.
No Emergency or Crisis Services
The Services do not provide emergency, crisis, or urgent care services. If you require urgent assistance, contact local emergency services.
Account Registration and Security
To access certain features, you may be required to create an account and maintain a secure password. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your credentials. You agree to notify us promptly of any unauthorized access or suspected breach. We are not liable for any loss or damage arising from unauthorized use of your account.
Orders, Payments, and Billing
If the Services permit ordering products or services, you agree to provide current, complete, and accurate purchase and account information for all transactions. You authorize us or our payment processors to charge your payment method for all amounts due, including applicable taxes, fees, and shipping. All amounts are in U.S. Dollars unless stated otherwise.
We may correct pricing errors and cancel or refuse orders at any time, including after submission or confirmation, if permitted by law. Risk of loss and title transfer according to applicable law and the policies of any third-party fulfiller. Returns, refunds, or exchanges, if any, will be governed by our posted policies and applicable law.
Compliance With Laws
You agree to use the Services in compliance with all applicable federal, state, and local laws and regulations, including but not limited to the Food, Drug, and Cosmetic Act, state pharmacy practice acts, telehealth regulations, controlled substances laws, advertising and consumer protection laws, and export control and sanctions laws.
Prohibited Conduct
You agree not to:
- Use the Services for any unlawful purpose or to violate any law or regulation;
- Seek, obtain, or attempt to obtain prescription medications without a valid prescription or lawful authorization;
- Interfere with or disrupt the security, integrity, or performance of the Services;
- Use any scraping, data mining, robots, or similar data gathering or extraction methods without our prior written consent;
- Impersonate any person or entity, or misrepresent your identity, age, medical history, or prescription information;
- Upload, post, or transmit content that is infringing, defamatory, obscene, harmful, or otherwise objectionable;
- Introduce viruses, malware, or other harmful code;
- Reverse engineer, decompile, or attempt to derive the source code of the Services except as permitted by law;
- Infringe or misappropriate intellectual property or proprietary rights.
Intellectual Property
Ownership and License
The Services and all content, features, and functionality, including text, graphics, logos, icons, images, audio, video, software, and compilations (collectively, "Content") are owned by us or our licensors and are protected by U.S. and international laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use.
User Content; License You Grant
If you submit, post, or transmit any content to the Services ("User Content"), you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display such User Content in connection with operating, improving, and promoting the Services. You represent and warrant that you have all rights necessary to grant this license and that your User Content complies with these Terms and applicable law.
Copyright Infringement; DMCA
We respect intellectual property rights. If you believe that content on the Services infringes your copyright, you may send a notice pursuant to the Digital Millennium Copyright Act (DMCA) to our designated contact at [email protected] with: (1) a physical or electronic signature of the copyright owner or authorized agent; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (4) your contact information; (5) a statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and (6) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the copyright owner.
Third-Party Links and Services
The Services may reference or integrate third-party websites, products, services, pharmacies, telehealth providers, or content (collectively, "Third-Party Services"). We do not control, endorse, or assume responsibility for Third-Party Services. Your use of Third-Party Services is at your own risk and is subject to the terms, conditions, and privacy policies of those third parties.
Privacy and Data
Your use of the Services is subject to our privacy practices as described in our posted policies. We are not a covered entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) unless specifically stated otherwise, and information you provide through the Services may not be protected by HIPAA. We implement commercially reasonable measures to protect information; however, no method of transmission or storage is completely secure.
Disclaimers
THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CONTENT IS ACCURATE, COMPLETE, OR CURRENT.
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SAFETY, EFFICACY, APPROPRIATENESS, OR SUITABILITY OF ANY MEDICATION, SUPPLEMENT, TREATMENT, OR THERAPY. ALWAYS CONSULT A LICENSED HEALTHCARE PROFESSIONAL.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID TO US FOR THE SERVICE OR PRODUCT GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
Indemnification
You agree to defend, indemnify, and hold harmless us and our owners, officers, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your breach of these Terms; (c) your violation of law or the rights of any third party; or (d) your User Content.
Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES BINDING ARBITRATION AND A WAIVER OF CLASS ACTIONS AND JURY TRIALS.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally will be resolved by binding arbitration administered by a recognized arbitration provider under the Federal Arbitration Act. The arbitration shall be conducted on an individual basis and not in a class, collective, or representative proceeding. The arbitrator shall have the authority to award all remedies available in court, subject to the limitations of these Terms.
You may opt out of arbitration within thirty (30) days of accepting these Terms by sending written notice with your name, address, and a clear statement that you wish to opt out to: Attn: Arbitration Opt-Out, Elara Hargrove, 250 Granite St, Braintree, MA 02184, or via email to [email protected]. If you opt out, or if this provision is found unenforceable, disputes shall be resolved in the state or federal courts located in Massachusetts, and you consent to the personal jurisdiction of such courts.
To the fullest extent permitted by law, you and we agree to waive any right to a jury trial and to participate in a class action or class arbitration.
Governing Law and Venue
These Terms and your use of the Services are governed by the laws of the Commonwealth of Massachusetts and the United States, without regard to conflicts of law principles. Subject to the arbitration provision, any legal action shall be brought exclusively in the state or federal courts located in Massachusetts.
Termination and Suspension
We may suspend or terminate your access to the Services, in whole or in part, at any time with or without notice, for any reason or no reason, including if we believe you have violated these Terms or applicable law. Upon termination, all rights and licenses granted to you will cease immediately. Sections that by their nature should survive termination shall survive, including but not limited to ownership, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.
Changes to the Services or Terms
We may modify, suspend, or discontinue any part of the Services at any time without notice. We may revise these Terms from time to time by posting the updated Terms on the Services with an updated effective date. Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms.
Electronic Communications and Consent to Do Business Electronically
By using the Services, you consent to receive communications from us electronically, including emails, notices, and disclosures. You agree that all agreements, notices, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
Children’s Use
The Services are not directed to or intended for children under the age of 13, and we do not knowingly collect personal information from children under 13. If you believe we have collected such information, contact us so we may delete it.
Export and Sanctions Compliance
You represent and warrant that you are not located in, under the control of, or a national or resident of any country or person subject to U.S. sanctions or export restrictions. You agree to comply with all applicable U.S. export control and sanctions laws.
Force Majeure
We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, labor disputes, shortages, war, terrorism, governmental actions, public health emergencies, supply chain disruptions, or failures of third-party networks.
Notices
We may provide notices by posting to the Services or by email to the address associated with your account. You may provide legal notices to us at: Elara Hargrove, 250 Granite St, Braintree, MA 02184, or via email at [email protected].
Contact Information
Questions about these Terms or the Services may be directed to: [email protected] or mailed to Elara Hargrove, 250 Granite St, Braintree, MA 02184.
Severability; Waiver; Assignment; Entire Agreement
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any provision is not a waiver of our right to do so later. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms without restriction. These Terms, together with any policies referenced herein, constitute the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous agreements on the subject matter.
