PictureRx Terms of Service
We know how important medications are to you and your loved ones. That’s why we’re excited to bring you innovative tools that will help you manage a loved one’s medications more effectively and easily.
It’s important to remember that we are not providing medical advice, diagnosis or treatment, or advice about what providers to use. The Site is an informational resource for you, and we hope a valuable one, but decisions about the best lifestyle choices and medical treatments for you should be made in consultation with your personal health care providers, whom you choose based on your own needs.
As with any website providing tools and information, there are rules about what you can and can’t do, what we will and won't do, and what promises we do and don't make to you. Those are captured below in our Terms of Service. Please read them carefully because we want to be sure you understand and accept them before you use or register for this Site.
1. Accepting the Terms
By using the information, tools, features and functionality located on MyPictureRx.com (together the “Service” and/or "Site"), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the PictureRx.com website) or you are a “Member” (which means that you have registered with PictureRx). The term “you” or “User” refers to a Visitor or a Member, whether you are using the tools for yourself or someone you care for. If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with PictureRx.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
2. PictureRx Does Not Provide Medical Advice
The contents of the Site, such as text, graphics, images, information obtained from PictureRx's licensors, and other material contained on the Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. It is not a substitute for a medical exam, nor does it replace the need for services provided by medical professional. Always seek the advice of your doctor before taking any prescription or over the counter drugs or following any treatment or regiment. Only your doctor can provide you with advice on what is safe and effective for you. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site!
If you think you may have a medical emergency, call your doctor or 911 immediately. PictureRx does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by PictureRx, PictureRx employees, others appearing on the Site at the invitation of PictureRx, or other visitors to the Site is solely at your own risk. The absence of a warning for a given drug or drug combination in no way should be construed to indicate that the drug or drug combination is safe, effective or appropriate for you or any given patient. The entire monograph for a drug should be reviewed for a thorough understanding of the drug's actions, uses and side effects.
The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
3. Privacy and your Personal Information
For information about PictureRx’s data protection practices, please read PictureRx’s Privacy and Security Policy, which is hereby incorporated into this Agreement. This policy explains how PictureRx treats your personal information, and protects your privacy, when you access PictureRx.com and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
4. Description of the Service
The Service is a medicaton management service that allows Members to consolidate and track their medicaton information on PictureRx.com. Based on such information, the Service may also present information relating to third party products or services (“PictureRx Offers”).
The Service is provided to you by PictureRx at anominal charge and is meant as an aid to assist you in organizing and managing your medications. It is not intended to provide medical advice.
5. PictureRx Offers and Third-Party Links
Some parts of the Service are supported by sponsored links from advertisers and display PictureRx Offers that may be custom matched to you based on information stored in the Service, queries made through the Service or other information.
In connection with PictureRx Offers, the Service will provide links to other web sites belonging to PictureRx sponsors and other third parties. PictureRx does not endorse, warrant or guarantee the products or services available through the PictureRx Offers (or any other third-party products or services advertised on or linked from our site), and PictureRx is not an agent or broker or otherwise responsible for the activities or policies of those web sites. PictureRx does not guarantee that the products offered by any particular advertiser or other third party on PictureRx.com are actually the terms that may be offered to you if you pursue the offer or that they are the best for you.
6. Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your “Registration Information.”
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.
If you become aware of any unauthorized use of your Registration
Information, you agree to notify PictureRx immediately using the form on the Contact Us page of the Site.
7. Your Use of the Service
Your right to access and use MyPictureRx.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use PictureRx.com for lawful purposes.
Your access and use of PictureRx.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of PictureRx.com or other actions that PictureRx, in its sole discretion, may elect to take.
8. Online and Mobile Alerts
PictureRx may from time to time provide automatic alerts and voluntary account-related alerts.
Automatic alerts are sent to you following certain changes made online to your PictureRx account, such as a change in your Registration Information. You do not need to activate these alerts. Although you may have the option to suppress some of these automatic alerts, we strongly recommend that you do not since they are security-related.
Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. PictureRx may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
Electronic alerts will be sent to the email address you have provided as your primary email address for MyPictureRx.com. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
Because alerts are not encrypted, we will never include your passcode. However, alerts may include your PictureRx.com Login ID and some information about your accounts. Depending upon which alerts you select, information such as medication name, route and dosage may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
9. Rights You Grant to Us
As the owner of any information, data, passwords, usernames, PINs, other log-in information, materials or other content (collectively, “Accounts Content”) you provide to us through the Service, you are licensing the Accounts Content to PictureRx solely for the purpose of providing the Service. PictureRx may use such Accounts Content, but only to provide the Service to you. By submitting Accounts Content, you represent that you are entitled to submit it to PictureRx for use for this purpose, without any obligation by PictureRx to pay any fees or other limitations.
10. PictureRx’s Intellectual Property Rights
The contents of PictureRx.com, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of PictureRx.com belong or are licensed to PictureRx or its software or content suppliers. PictureRx grants you the right to view and use PictureRx.com subject to these terms. You may download or print a copy of information provided on PictureRx.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from PictureRx.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.
11. Access and Interference
You agree that you will not:
1. Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor PictureRx.com or any portion of PictureRx.com, without PictureRx’s express written consent, which may be withheld in PictureRx’s sole discretion;
2. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search PictureRx.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
3. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of PictureRx.com or the Service; or
4. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of PictureRx.com or the Service.
12. Rules for Posting
As part of the Service, PictureRx allows Members to post content on bulletin boards, blogs and at various other publicly available locations on PictureRx.com.
1. You are responsible for all content you submit to PictureRx.com.
2. By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with MyPictureRx.com and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through PictureRx.com, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of MyPictureRx.com and under this Agreement.
3. You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
4. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
5. You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of MyPictureRx.com, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
6. Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
7. You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of MyPictureRx.com that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
8. You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
13. Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH PICTURERX.COM OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. PICTURERX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF PICTURERX.COM OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
PICTURERX MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON PICTURERX.COM OR OF THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. PICTURERX MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
15. Alert Disclaimer
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. PictureRx does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that PictureRx shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
16. Limitations on PictureRx’s Liability
PICTURERX SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO ILLNESS OR DEATH ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO MYPICTURERX.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF PICTURERX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, PICTURERX’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
17. Your Indemnification of PictureRx
You shall defend, indemnify and hold harmless PictureRx and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
18. Ending your relationship with PictureRx
This Agreement will continue to apply until terminated by either you or PictureRx as set out below.
If you want to terminate your legal agreement with PictureRx, you may do so by (i) notifying PictureRx at any time and (ii) closing your account for the Service. Your notice should be sent via email to support@MyPictureRx.com or in writing, to PictureRx’s address at:
PictureRx may at any time, terminate its legal agreement with you:
1. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
2. if PictureRx in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
3. immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
PictureRx may modify this Agreement from time to time. You will be notified of any and all changes to this Agreement through a prominent notice on the MyPictureRx.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
20. Governing Law and Forum for Disputes
This Agreement, and your relationship with PictureRx under this Agreement, shall be governed by the laws of the State of Georgia without regard to its conflict or choice of laws provisions. Any dispute with PictureRx, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of Georgia within the county of Fulton, Georgia, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case PictureRx may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, PictureRx is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with PictureRx, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
* YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
* YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if PictureRx does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which PictureRx has the benefit of under any applicable law), this will not be taken to be a formal waiver of PictureRx’s rights and that those rights or remedies will still be available to PictureRx.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and PictureRx regarding the subject matter of the same, and supersedes all other previous agreements.