Terms of Service
Last Revised: July 16, 2025.
Terms of Service:
Last Revised: July 16, 2025
Terms of Service
Before we start our journey together, please read these Terms of Service
(“Terms”) for this application. These Terms describe the terms and conditions
under which any and all of the entities listed in Appendix 1 (the “Provider” or
“we”) allows access to and use of the Provider’s website (together with any
successor site(s) thereto and mobile version(s) thereof) and mobile
application (together with any successor app(s) thereto) from which you are
accessing these
Terms (collectively, the “App”) and the services provided through the App (the
“Services”).
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING THE APP,
YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT
AGREE WITH ANY OF THESE TERMS, YOU MAY NOT USE THE APP OR
ANY SERVICES PROVIDED THROUGH THE APP.
THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION, WHICH
MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO
YOUR USE OF THE SERVICES TO BINDING INDIVIDUAL ARBITRATION
RATHER THAN PROCEED IN COURT. THERE IS ALSO A 30 DAY
OPT-OUT RIGHT AS DETAILED BELOW. THE DISPUTE RESOLUTION
SECTION BELOW ALSO INCLUDES A CLASS ACTION WAIVER, WHICH
MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE
INDIVIDUALLY AND NOT AS A CLASS ACTION.
DO NOT ACCESS OR USE ANY OF THE SERVICES IF YOU DO NOT
AGREE TO THESE TERMS IN THEIR ENTIRETY.
We may change these Terms at any time by posting an updated version at the
App. We will indicate that changes to these Terms have been made by
updating the "Last Revised” date set forth above. All such changes will be
effective upon posting. Your continued use of the App and Services will be
deemed acceptance of the updated terms.
We may, either partially or in its entirety and without being obligated to provide
prior notice, modify, adapt, or change the features of the App or the Services,
including the user interface and design, the extent and availability of the
Services, and any other aspect related thereto.
1. Services
If you are a customer with the Provider, the App may allow you to obtain
certain pharmacy-related services at your location (within our specified service
areas), rather than you having to visit a Provider location. We may introduce
new features or eliminate features to the Services by updating this App. Your
use of the Services is subject to these Terms and any additional terms or
guidelines presented to you during use of the Services.
You are responsible for your compliance with all applicable laws and you may
not use or export the materials on this App in violation of U.S. export laws. By
downloading content or using the Services, you warrant that you are not in a
country where such export is prohibited, that you are not a person or entity to
which such export is prohibited.
We may refuse to honor any transaction that is not in accordance with these
Terms or applicable account terms, that we suspect is fraudulent or that is
subject to a restriction or legal process. We may also refuse to honor any
transaction for our or your protection. We are not responsible for the failure of
any Services resulting from system maintenance or from circumstances that
are beyond our control (such as system failure, fire, or extreme weather).
2. What is not allowed on our application:
The Services and other content provided on the App are subject to change
without notice. Your eligibility for products and services is subject to the
Provider’s review and acceptance. You agree to use the App and Services
only for lawful purposes, and in a way that does not infringe the rights of,
restrict or inhibit anyone else's use and enjoyment of the App. Prohibited
behavior includes harassing or causing distress or inconvenience to any other
user, transmitting obscene or offensive content or disrupting the normal flow of
dialogue within our App.
You must not use the content on the App for any marketing related purpose
without our express written consent. In addition, you may not use the App or
Services:
● To do any action that can be found fraudulent, harmful, unlawful,
indecent, or hateful.
● To deliberately post any materials that contain malware that can
damage the Services provided by our App.
● To email, post, or generally send any form of solicitation.
● To access the application in a way that is illegal, harmful, and/or
unlawful.
● To interfere with or violate any third party or other user’s right to
privacy or other rights, including, without limitation, copyrights and
any other intellectual property rights of others, harvest or collect
personal information about users of the Services or the App without
their express consent, including, without limitation, using any robot,
spider, site search or retrieval application, or other manual or
automatic device or process to retrieve, index, or data-mine.
● To interfere with or disrupt the operation of the App or Services, or
the servers or networks that host the App or make the Services
available, or disobey any requirements, procedures, policies, or
regulations of such servers or networks.
● To use the App or the Services for non-personal or commercial
purposes.
3. Copyright
The App and all content (texts, software, infographics, images, etc.),
trademarks and service marks accessible on or generated by this App
(“Content”) are owned or licensed by the Provider and are protected by
copyright and other laws.
Subject to your compliance with these Terms, the Provider grants you a
limited, personal, nontransferable, nonsublicensable, revocable license to
access and make non-commercial use of the App, Content and Services. The
App may include open source software that is governed by its own licenses
that we’ve made available to you. Neither the App nor the Content may be
used for any commercial purpose or be framed, copied, reproduced,
performed, displayed,
distributed, scraped or transmitted in any way without our prior written
consent, which may be withheld in our sole discretion. You may print or
electronically save a copy of the Content and these Terms for your personal
use and records. You may not remove or alter any proprietary notice or
disclosure appearing on any of the Content. Use of the App or the Content
other than as expressly provided in these Terms violates the intellectual
property rights of the Provider
and its licensors. Except for the limited license granted above, the Provider
does not convey any interest in or to the App or Content. All rights not
expressly granted to you in these Terms are reserved and retained by the
Provider and its licensors.
4. User Submissions and User Restrictions
User submission is when you, as a user, post or submit content, such as
comments, reviews or suggestions, on or regarding our App or in connection
with the Services (“Submissions”).
When you post or submit a suggestion, review, or comment or other
Submission, you hereby grant the Provider and its licensors and service
providers a royalty-free, perpetual, irrevocable, worldwide, nonexclusive right
and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform, and display all Submissions, and to
incorporate any Submission in other works, in any form, media, or technology
now known or later developed. We will not be required to treat any
Submission as confidential, and may use any Submission in our businesses
(including without limitation, for products or advertising) without attribution and
without incurring any liability for royalties or any other consideration of any
kind.
The Provider and its licensors and service providers are not liable for reviews
and comments posted by users on the App.
5. Disclaimer
THE APP AND ALL CONTENT, LINKS AND ANY OF THE SERVICES
INCLUDED IN OR AVAILABLE THROUGH THE APP ARE PROVIDED "AS
IS" AND "AS AVAILABLE". THE APP AND THE SERVICES MAY NOT BE
COMPATIBLE WITH OR AVAILABLE ON EVERY MOBILE DEVICE OR
INTERNET BROWSER. THE PROVIDER AND ITS LICENSORS AND
SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR ANY
INACCURACIES, ERRORS (INCLUDING
TYPOGRAPHICAL ERRORS) OR OMISSIONS, OR FOR THE RESULTS
OBTAINED FROM THE USE OF THE APP, THE SERVICES OR THE
CONTENT. THE APP AND SERVICES ARE PROVIDED WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT,
PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE OR USE.
IN ADDITION, THE PROVIDER MAKES NO REPRESENTATIONS,
WARRANTIES OR GUARANTEES THAT THE APP WILL BE SECURE,
ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR
ERROR FREE. YOU AGREE THAT UNDER NO CIRCUMSTANCE WILL THE
PROVIDER OR OUR LICENSORS, SERVICE PROVIDERS, AGENTS,
OFFICERS, OR EMPLOYEES BE RESPONSIBLE FOR OR LIABLE TO YOU
OR ANYONE ELSE FOR: ANY CONTENT CONTAINED ON OR OMITTED
FROM THE APP OR SERVICES; ANY RELIANCE ON ANY SUCH
CONTENT, WHETHER OR NOT THE CONTENT IS COMPLETE, CURRENT
OR CORRECT; OR ANY VIRUSES OR DEFECTS THAT MAY BE FOUND
TO EXIST IN THE APP. THE CONTENT, AND ANY ADVICE RECEIVED VIA
THE APP, IS NOT INTENDED, AND SHOULD NOT BE RELIED UPON, FOR
PERSONAL, LEGAL, MEDICAL OR FINANCIAL DECISIONS. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE APP, OR WITH ANY OF
THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE APP.
THE APP IS NOT A MEDICAL DEVICE AND IS NOT INTENDED TO BE A
SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR
TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN,
PHARMACIST, OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY
QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION,
BEFORE STARTING ANY NEW MEDICATION OR TREATMENT OR THE
PROPER USE OF PHARMACEUTICAL PRODUCTS. NEVER DISREGARD
PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE
OF THE SERVICES.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY IMMEDIATELY
CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM.
6. Limitations of Liability
NEITHER THE PROVIDER NOR ITS LICENSORS, SERVICE PROVIDERS,
CONTENT PROVIDERS, EMPLOYEES, AGENTS, REPRESENTATIVES,
OFFICERS OR DIRECTORS, WILL BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
PUNITIVE OR OTHER DAMAGES ARISING FROM THE USE OF, OR THE
INABILITY TO USE, THE APP, THE SERVICES OR THE CONTENT, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MIGHT HAVE ADDITIONAL RIGHTS UNDER SUCH STATE LAWS.
7. Indemnification
You will indemnify and hold harmless the Provider and its licensors, service
providers, content providers, affiliates and personnel from any loss, damage,
liability, cost or expense suffered or incurred in connection with any claim, suit
or proceeding brought by a third party against the Provider to the extent that it
arises out of your violation of these Terms.
8. No Endorsement
References to, or descriptions or images of, products or services (or related
coupons or discounts) on or through the App, the Content or the Services are
not endorsements of such products or services and such products or services
may be available by third parties. The Provider does not recommend or
endorse any specific tests, physicians, products, services, procedures,
opinions, or other information that may be mentioned on the App or the
Services.
9. External Links
Our App may have external links to third party sites. These third party sites
are for your convenience only - they are not maintained by or affiliated with
the Provider. We aren’t responsible for any content you might find on these
pages. Any access or use of third party sites is at your own risk, and the
Provider makes no representations or warranties about the content,
completeness, accuracy or security of third party sites.
10. Restricted Access
We may restrict access to parts (or all) of our App. With respect to usernames
and passwords used to access any Services or other restricted areas of the
App (“Credentials”), you must ensure that both your username and password
are kept confidential. Your Credentials also include information that you input
to the Services to authenticate your identity, such as answers to security
questions used to authenticate users that have forgotten their username or
password. You agree to use the Services to access only those accounts you
are authorized to access, and to use your own Credentials when accessing
such accounts.
If you believe your Credentials have been lost or stolen, or that your account
has been compromised, you should contact us immediately. We are not
responsible for damages or losses resulting from any breach of security
caused by your failure to maintain the confidentiality of your Credentials or
any other security or authentication technique we utilize. We reserve the right
to monitor and block access to the Services for any reason, including security
concerns. We also reserve the right to investigate suspected violations of
these Terms and to cooperate fully with any law enforcement and regulatory
authorities, or any court order requesting information regarding anyone
violating these Terms.
11. Profile
You must be at least 13 years old and, if you are under 18, you represent that
you have obtained your parent or legal guardian’s permission to use the App.
You agree to provide us with complete and accurate information about
yourself and your account, including (i) your email address, phone number
and other contact information, and (ii) your medical profile such as allergies,
health conditions, and prescribed medications (“User Profile”). You are
responsible for keeping your User Profile up to date. Our Privacy Policy will
provide additional use cases for the User Profile. You hereby grant us and our
service providers and licensors a royalty-free, nonexclusive, limited license to
use, reproduce, store, disclose, and display the information contained in the
User Profile for the purpose of (a) exercising our rights or performing our
obligations under these Terms, and (b) de-identifying such information and
using the resulting dataset on a perpetual basis for product and services
development, delivery and improvement, including, but not limited to,
marketing campaigns and related services and the right to authorize others to
do the same.
12. Electronic Communications
When you visit the App or use the Services, you are communicating with us
electronically. You consent to receive communications from us electronically.
You agree that all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal requirement that such
communications be in writing.
You authorize us to communicate with you through the App and via email,
phone calls, and text messaging as necessary to provide the Services. We
may send text messages to any phone number that you have provided to us.
Text messages sent by the Provider may include a link to a secure chat to
facilitate secure messaging between you and the Provider. If a link to a secure
chat is included in the text message from the Provider, all related electronic
messages between you and the Provider must be sent within the secure chat.
You agree not to initiate any text messages with the Provider or reply to any
text messages from the Provider outside of the secure chat.
By agreeing to these Terms, you (a) expressly consent to receive recurring
marketing, informational, operational and/or transactional text messages by or
on behalf of the Provider at the cell phone number associated with your User
Profile, (b) authorize the Provider to use autodialer and/or non-autodialer
technology to send text messages to the cell phone number associated with
your User Profile, (c) authorize the Provider to include marketing content in
any such messages, and (d) confirm that you are the subscriber to the
relevant phone number (or are the customary user of that number on a family
or business plan) and that you are authorized to provide the foregoing
consent. You may cancel this service at any time. If you no longer want to
receive text messages from the Provider, the sole and exclusive remedy is to
end enrollment at any time by texting “STOP” to the number from which you
receive text messages from the Provider. After you send the “STOP” message
you will receive a message confirming cancellation after which you will no
longer receive messages from the Provider once your request is processed. If
you want to join again, simply sign up as you did initially, and we will resume
sending you messages again.
Email and text messages may not be used to update your User Profile or
other account information, to change your Credentials, to transmit personal
medical, credit or banking information or for any funds transfer or other
financial transactions that require authorization. We will not ask you to send
personal information such as account or Social Security numbers by email or
text message and we will not process any such instructions submitted by
email or text message.
The App may enable you to upload photos in order for us to provide the
Services (e.g., photos of your insurance card or driver’s license). You may not
upload photos for any purpose other than to enable the performance of the
Services, and you may not upload any photos that would violate the rights of
third parties.
13. Privacy Policy
We have created a privacy policy associated with the App or otherwise
publicly posted (the “Privacy Policy”) to inform you what information may be
collected via the App and how we, our service providers and affiliates, and
third parties may use the information. The Privacy Policy also governs your
access to the App and use of the Services, and you agree to the Provider’s,
our service providers and affiliates, and other third parties’ uses of information
provided by or on behalf of you through the use of the Services, as described
in the Privacy Policy.
14. Assignment
You may not assign or transfer any rights or obligations under these Terms
and any attempt to do so will be void. We may assign our rights or obligations
under these Terms to any parent entity, affiliate, subsidiary, or
successor-in-interest of any business associated with our Services.
15. Termination and Suspension
You are free to stop using our Services at any time. We reserve the right to
suspend or terminate your access to the App or the Services or delete your
account if we determine:
● You breached these Terms.
● We must do so to comply with law.
● Your use of the Services could cause risk or harm to us, our
patients, or anyone else.
Upon termination for any reason, all license rights will immediately terminate,
and you will immediately cease use of and uninstall the App.
16. Governing Law and Venue
These Terms are governed by the laws of the United States and the state
where the Provider is incorporated or organized, without regard to its conflicts
of law provisions. Subject to the Arbitration Agreement set forth in Section 17,
the federal or state courts of the state where the Provider is incorporated or
organized shall have exclusive jurisdiction and venue over any dispute arising
out of these Terms, and you and the Provider consent to personal jurisdiction
in those courts.
17. Dispute Resolution
Please read the following arbitration agreement in this Section (“Arbitration
Agreement”) carefully. It requires you to arbitrate disputes with the Provider
and limits the manner in which you can seek relief from us.
1. Applicability of Arbitration Agreement. You agree that any dispute
between you and us relating in any way to the Services or these
Terms, will be resolved by binding arbitration, rather than in court,
except that (1) you and we may assert claims in small claims court if
the claims qualify; and (2) you or the Provider may seek equitable
relief in court for infringement or other misuse of intellectual property
rights (such as trademarks, trade dress, domain names, trade
secrets, copyrights, and patents). This Arbitration Agreement shall
apply, without limitation, to all claims that arose or were asserted
before the Effective Date of these Terms or any prior version of
these Terms.
2. Arbitration Rules and Forum. The Federal Arbitration Act governs
the interpretation and enforcement of this Arbitration Agreement. To
begin an arbitration proceeding, you must send a letter requesting
arbitration and describing your claim to our corporate registered
agent in the state of our incorporation or organization. The
arbitration will be conducted by JAMS, an established alternative
dispute resolution provider. Disputes involving claims and
counterclaims with an amount in controversy under $250,000, not
inclusive of attorneys’ fees and interest, shall be subject to JAMS’
most current version of the Streamlined Arbitration Rules and
procedures available at
http://www.jamsadr.com/rules-streamlined-arbitration/; all other
claims shall be subject to JAMS’s most current version of the
Comprehensive Arbitration Rules and Procedures, available at
http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s
rules are also available at www.jamsadr.com or by calling JAMS at
800-352-5267. If JAMS is not available to arbitrate, the parties will
select an alternative arbitral forum. If the arbitrator finds that you
cannot afford to pay JAMS’s filing, administrative, hearing and/or
other fees and you cannot obtain a waiver from JAMS, the Provider
will pay them for you. You may choose to have the arbitration
conducted by telephone, based on written submissions, or in person
in the U.S. county where you live or at another mutually agreed
location. Any judgment on the award rendered by the arbitrator may
be entered in any court of competent jurisdiction.
3. Authority of Arbitrator. The arbitrator shall have exclusive authority
to resolve any dispute related to the interpretation, applicability,
enforceability or formation of this Arbitration Agreement including,
but not limited to any claim that all or any part of this Arbitration
Agreement is void or voidable. The arbitrator will decide the rights
and liabilities, if any, of you and the Provider. The arbitration
proceeding will not be consolidated with any other matters or joined
with any other proceedings or parties. The arbitrator shall have the
authority to grant motions dispositive of all or part of any claim or
dispute. The arbitrator shall have the authority to award monetary
damages and to grant any non-monetary remedy or relief available
to an individual party under applicable law, the arbitral forum’s rules,
and these Terms (including the Arbitration Agreement). The
arbitrator shall issue a written award and statement of decision
describing the essential findings and conclusions on which any
award (or decision not to render an award) is based, including the
calculation of any damages awarded. The arbitrator shall follow the
applicable law. The arbitrator has the same authority to award relief
on an individual basis that a judge in a court of law would have. The
award of the arbitrator is final and binding upon you and us.
4. Waiver of Jury Trial. YOU AND THE PROVIDER HEREBY WAIVE
ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN
COURT (OTHER THAN SMALL CLAIMS COURT AS PERMITTED
HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A
JURY. You and the Provider are instead electing that all covered
claims and disputes shall be resolved by arbitration under this
Arbitration Agreement, except as specified in Section 17(a) above.
An arbitrator can award on an individual basis the same damages
and relief as a court and must follow these Terms as a court would.
However, there is no judge or jury in arbitration, and court review of
an arbitration award is subject to very limited review.
5. Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS
AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION
AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS
AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY
INDIVIDUAL RELIEF IS AVAILABLE FOR CLAIMS COVERED BY
THIS ARBITRATION AGREEMENT, AND CLAIMS OF MORE THAN
ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED
WITH THOSE OF ANY OTHER USER OR PERSON. If a decision is
issued stating that applicable law precludes enforcement of any of
this Section 17(e)’s limitations as to a given claim for relief, then the
applicable claim must be severed from the arbitration and brought
into the state or federal courts located in the state where the
Provider is incorporated or organized in accordance with Section 16.
All other claims shall be arbitrated.
6. 30-Day Right to Opt-Out. You have the right to opt out of the
provisions of this Arbitration Agreement by sending a timely written
notice of your decision to opt out to our corporate registered agent in
the state of our incorporation or organization within 30 days after
first becoming subject to this Arbitration Agreement. Your notice
must include your name and address and a clear statement that you
want to opt out of this Arbitration Agreement. If you opt out of this
Arbitration Agreement, all other parts of these Terms will continue to
apply to you. Opting out of this Arbitration Agreement has no effect
on any other arbitration agreements that you may currently have
with us, or may enter into in the future with us.
7. Severability. Except as provided in Section 17(e), if any part or parts
of this Arbitration Agreement are found under the law to be invalid or
unenforceable, then such specific part or parts shall be of no force
and effect and shall be severed and the remainder of the Arbitration
Agreement shall continue in full force and effect.
8. Survival of Agreement. This Arbitration Agreement will survive the
termination or expiration of the Agreement or your relationship with
the Provider.
9. Modification. Notwithstanding any provision in these Terms to the
contrary, we agree that if the Provider makes any future material
change to this Arbitration Agreement, you may reject that change
within thirty (30) days of such change becoming effective by writing
the Provider addressed to our corporate registered agent in the state
of our incorporation or organization.
18. Miscellaneous
Our delay or failure in exercising any right under these Terms and any partial
or single exercise thereof will not be deemed to constitute a waiver of such
right or any other rights under these Terms.
You and the Provider acknowledge and agree that the Provider’s service
providers and licensors are third party beneficiaries of these Terms and have
the right to enforce these Terms against each.
If any part of these Terms is unlawful, void or unenforceable, that part will be
deemed severable and will not affect the validity or enforceability of any
remaining provisions. These Terms constitute the entire agreement among the
parties relating to this subject matter. Notwithstanding the foregoing, any
additional terms and conditions on the App or pertaining to the Services will
govern the items to which they pertain.
APPENDIX 1
Entity: P & S Pharmacy
Jurisdiction of Incorporation or Organization: TN