Description of Website
The Website offers a directory for Pharmacist Provider users (“Pharmacist Providers” or “Pharmacist Users”) that can be accessed and searched by general public users who register to use the Website (“Public Users”). Collectively, these two groups are referred to as “All Users”). Rights and obligations of both types of Users set forth below.
This User Agreement (this “Agreement”) is a legal contract between you (“you” or “User”) and Stephanie Matinpour dba PillBox Talk Consulting (“Company,” “we”, or “us”) regarding use of the website located at (“Website”). By using the Website or by clicking “I agree” to this Agreement, you (“User”) signify your agreement to these terms and conditions. If you do not agree to all of the terms set forth in this Agreement, do not use this site and do not click “I Agree.”
Please check this Agreement periodically for changes because the Company reserves the right to revise this Agreement from time to time. Your continued use of this site following the posting of any changes to the Agreement constitutes acceptance of such changes.
The Company reserves the right to terminate a User’s use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by User. This Agreement applies to licensors and advertisers as well.
Rights and Obligations of All Users
You agree that All Users must be at least 18 years of age and currently reside in the United States of America. If you do not meet this criteria, stop using the Website.
You agree that upon use of the Website (which constitutes your consent to this Agreement), the Company hereby grants to you a non-exclusive, non-transferable limited license to access and use the Website for its intended purposes, as described on the Website.
You understand that Company has expended time and expense in collecting and disseminating the information appearing on the Website directory and agree to not take, without consent or compensation, that valuable resource by saving, downloading, cutting and pasting, selling, licensing, renting, leasing, modifying, distributing, copying, reproducing, transmitting, publicly displaying, publishing, adapting, editing, or creating derivative works from the materials, code or content from the Website. Use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
You agree to use only your real name in your user profile, and keep the contact information in your user profile accurate and up-to-date, and agree that Company may contact you at any of the email, address, or phone contacts provided in your user profile. You agree that the Company may also contact you through banner notices on your user profile or in connection with the login process for the Website.
You agree to choose a strong, secure password for your user account, and to keep that password confidential. You are responsible for anything that happens through your account unless you close it or report misuse.
You agree to use the Website in a professional manner, and comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.
The Website may have been created through use of proprietary web development platforms and thus may use source code that is not owned by Company, but used under limited rights granted to Company. You agree to not attempt to reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive or use the source code for the Website or any related technology, or any part thereof, for any purpose.
You also agree not to engage in any of the actions designated in this Agreement as Prohibited Conduct.
Additional Obligations of Pharmacist Users
In addition to the rights and obligations of All Users of the Website, Pharmacist Users have these additional obligations.
If you register as a Pharmacist Provider on the Website, you will meet the following minimum criteria for being listed --
Be a Licensed Pharmacist, in good standing, in the state in which you are practicing
Hold a Certified Geriatric Pharmacist (CGP) or similar Board Certification and/or Pharmacy Residency by an Accredited Body
Currently provide services that include CMR for clients in home and/or residential facilities
Currently maintain your own business (dba, LLC, or corporation)
Currently maintain liability insurance covering your professional activities
If, after registering for a user account on the Website, you no longer meet any one or more items on this list of criteria, you must immediately notify the Company, cancel your account, and cease using the Website as a Pharmacist Provider.
If you register as a Pharmacist Provider on the Website, you agree and understand that you are not an employee, agent, or independent contractor of the Company for any purpose.
Prohibited Conduct on Website
As either a Public User or a Pharmacist User of the Website, you agree that you will not:
Create a User profile for anyone other than yourself (a real person) or, as to Pharmacist Provider user profiles, your own business;
As to Pharmacist Provider users, misrepresent your licensure, qualifications, or provide any inaccurate, false, or misleading information about your business;
Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
Use any image or logo in connection with your profile that is not your likeness or is not the logo of your company;
Misrepresent your identity, or create a false identity, for a user account;
Use or attempt to use another person's account;
Harass, abuse or harm another person;
Send spam or other unwelcomed communications to others;
Scrape or copy profiles and information of other users through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
Act in any unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));
Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
Use the Website for any purpose not intended by the Company
Post anything that contains software viruses, worms, or any other harmful code;
Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Website;
Creating or operate a pyramid scheme, fraud or other similar practice;
Copy or use the information, content or data on the Website in connection with a competitive service (as determined by Company);
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Website or any related technology, or any part thereof;
Rent, lease, loan, trade, sell/re-sell access to the Website or related any information or data;
Collect, use, copy, or transfer any information obtained from the Website without the consent of Company;
Share or disclose information of others without their express consent;
Use bots or other automated methods to access the Website, add or download contacts, send or redirect messages;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Website;
Override any security feature of the Website
In the event that any Users engage in any one or more of these items of Prohibited Conduct, the Company reserved the right to immediately suspend or terminate the User's account, or, to the extent the prohibited conduct creates damage to the Company or the Website, the Company reserves all of its legal rights against User.
Rights of Company and Limitation of Obligations
We have the right to limit how you connect and interact on our Website. Company reserves the right to restrict, suspend, or terminate your account if the Company believes that you may be in breach of this Agreement or law or are misusing the Services.
The Company may change or discontinue operation of the Website at any time. The Company does not promise to store or keep showing any information and content you've posted. We may change, suspend or end any Service, in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
Pharmacist Users may offer their own products and services through the website, and if you choose purchase such products and services, you do so at your own risk. The Company is not responsible for those third-party activities.
Pharmacist Users are advertising their services through the Website. If other users of the Website choose to purchase such services, it will be subject to agreement between the Pharmacist User and other user directly, without the Company being a party to that agreement, nor collecting any portion of any fees paid to Pharmacist Users. The Company is not responsible for those agreements or activities, so users do so at their own risk.
Pharmacist Users are independent individuals and companies who may have paid a fee to be listed in the Website directory. Although the Company has established minimum requirements for this type of providers, and reserves the right to check references, licensure status, and other information provided by these users from time to time, the Company cannot guarantee that all of the listed information is complete, accurate, or truthful. You agree that the Company is not responsible for third parties' (including other users') content or information or for any damages as result of your use of or reliance on it. If you discover any errors or misrepresentations, please bring it to the Company's attention by emailing the Contact Us email address.
You are responsible for deciding if you want to access or use third party apps or sites that link from our Website. If you allow a third party app or site to authenticate you or connect with your account on the Website, that app or site can access information on the Website related to you and your connections. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, Company is not responsible for these other sites and apps -- use these at your own risk.
Company reserves all of its intellectual property rights in the Services, including trademarks, service marks, graphics, and logos used in connection with the Website, whether registered or not. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.
Disclaimer and Limit of Liability
No Warranty. The Company disclaims legal liability for the quality, safety, or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, COMPANY (A) DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO IF SUCH A LEGAL PROHIBITION EXISTS, THESE DISCLAIMERS WILL NOT APPLY TO YOU TO THE EXTENT OF SUCH PROHIBITION.
Exclusion of Liability. The Company limits its legal liability it may have to you as follows:
TO THE EXTENT PERMITTED UNDER LAW, COMPANY SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO USE OF THE WEBSITE (INCLUDING, THOUGH NOT LIMITED TO, OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF COMPANY EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR SERVICES ON THE WEBSITE, IF ANY, OR (B) US $1,000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, WARRANTY, TORT, NEGLIGENCE, CONTRACT), EVEN IF COMPANY HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO IF SUCH A LEGAL PROHIBITION EXISTS, THESE LIMITS WILL NOT APPLY TO YOU TO THE EXTENT OF SUCH PROHIBITION.
Termination of Agreement
We can each end this Agreement anytime we want. You may close your user account upon giving notice to the Company per instructions listed on the Website. Upon closing or terminating your user account, you lose the right to access or use the Website. The following shall survive termination:
Disclaimers and limits of liability
Any right for Company to exercise its legal rights against user for violation of Prohibited Conduct rules
Any amounts owed by either party prior to termination remain owed after termination.
In the unlikely event we end up in a legal dispute, it will take place in California courts, applying California law. You agree that the laws of the State of California, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts of San Diego County, California, USA, and we each agree to personal jurisdiction in those courts.
If a court with authority over this Agreement finds any part of it not enforceable, we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, we agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Agreement, that does not mean that the Company has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your account access) to anyone without our consent. However, you agree that the Company may assign this Agreement to an affiliate company or purchaser of the Company without your consent. There are no third party beneficiaries to this Agreement.
We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.
You agree that the only way to provide us legal notice is at the address provided below.
How To Contact Us
If you want to send us notices or service of process, please contact us:
ONLINE at: firstname.lastname@example.org
OR BY MAIL at: PillBoxTalk, Inc. 14677 Via Bettona Suite137 San Diego, CA 92127
Effective Date: 19 March 2016