Terms & Conditions

Terms and Conditions of Use

If you are experiencing a medical crisis, please call 911 or contact your local emergency assistance service immediately.

General

These General Terms and Conditions ("Terms"), govern your use of the services, information and Content (collectively, the "Services") provided by PrismRx, LLC ("PrismRx") for the PrismRx web site identified as www.prismpbm.com ("Prismpbm.com"). As used herein, "Content" means information, communications, photos, text, video, graphics, music, sounds, images, and other materials, which are provided by PrismRx or by contributors or licensors of PrismRx, collectively.

Accepting the Terms

By using Prismpbm.com, you agree to be bound by these Terms and by any amendments in effect at the time of your visit and acknowledge that Prismpbm.com is relying on your consent in allowing you to use Prismpbm.com. PrismRx may amend, modify, suspend, discontinue, or restrict the use of any portion of Prismpbm.com, including the availability of any portion of the Content at any time, without notice or liability.

Your continued use of Prismpbm.com after the posting of any change to the Terms will constitute your agreement to be bound by such changes. To the extent that you use the Services prior to any amendment to the Terms, the Terms in effect at the time that you used the relevant Services will continue to be in effect solely with respect to your prior use of those Services. You understand and agree that if you use the Services after the date on which the Terms have changed, PrismRx will treat your use as acceptance of the updated Terms.

Registration

Certain areas of Prismpbm.com are accessible only to registered users. To be a registered user, you must be eligible to receive PrismRx online pharmacy benefit management services. In order to access the registered-­‐user-­‐only areas of Prismpbm.com, you will need the username and password provided to you by your prescription benefit plan. You acknowledge that the use of username and password is an adequate form of security.

You are solely responsible for (1) authorizing, monitoring, controlling access to, and maintaining the strict confidentiality of your username and password; (2) not allowing another person to use your username or password; (3) any charges or damages that may be incurred as a result of your neglect to maintain the strict confidentiality of your username and password, and (4) promptly informing PrismRx in writing of any need to deactivate a username due to security or other concerns.

PrismRx is not liable for any harm related to the theft of usernames or passwords, disclosure of usernames or passwords, or your authorization to allow another person or entity to access and use Prismpbm.com using your username or password. You will immediately notify PrismRx of any unauthorized use of your username or password and any breach of confidentiality. Until PrismRx receives this notification from you, you will be held liable for any harm ensuing from the use of your username on Prismpbm.com.

Your Submissions and Activities

You may interact with or download information from any portion of the Prismpbm.com web site for your personal, noncommercial information or use. However, you may not copy, reproduce, sell, publish, transmit, modify, display, repost, hyperlink, or otherwise use or distribute any portion of the Content, information, images, or materials from Prismpbm.com for public or commercial without the express written consent of PrismRx.

Upon request, for any reason, you agree to immediately cease use of Prismpbm.com and any Content set forth on that web site.

You represent and warrant that you have all the rights necessary to copy, disclose and post anything that you submit to Prismpbm.com, and that you have the authority to bind any entity that you represent. You further represent and warrant that all information submitted by you is true and accurate to the best of your knowledge at the time of submission.

You understand and agree that you are expressly prohibited from placing in any Content on Prismpbm.com (including any e-mail message or any chat board posting) any unlawful, threatening, defamatory, obscene, or otherwise objectionable material of any kind, including without limitation, any material that would give rise to civil liability or otherwise violate any applicable local, state, national or international law. You agree that PrismRx, in its sole discretion may remove any Content that you post at any time.

You acknowledge and agree that PrismRx is not responsible or liable to you or any other party or user of Prismpbm.com for any conduct by you or any other party or user of Prismpbm.com.

Your Use of Prismpbm.com

Without limitation of the other prohibitions in these Terms, you are prohibited from:

  • Posting any incomplete, false or inaccurate information;
  • Using your password for any unauthorized purpose including permitting any third party to use your User Name and Password in lieu of registering on Prismpbm.com;
  • Aggregating, copying or duplicating in any manner any of the Content available from Prismpbm.com unless expressly permitted;
  • Attempting to gain unauthorized access to any portion or feature of Prismpbm.com, or any other systems or networks connected to Prismpbm.com or to any PrismRx server, or to any of the Services offered on or through Prismpbm.com, except in accordance with these Terms; or
  • Otherwise using Prismpbm.com in violation of federal law or the applicable state, local or international laws in PrismRx’s or your jurisdiction.

Submissions to Prismpbm.com

If any user of Prismpbm.com makes any submission (such as questions, comments, resume, or suggestions) to PrismRx, whether oral, written or electronic, no confidential relationship will be established between the user and PrismRx. The user’s submission and any information submitted with it will be considered nonconfidential and will be considered the sole and exclusive property of PrismRx.

PrismRx will have no obligation of any kind (such as compensation) with respect to the submission or any materials that accompany it. PrismRx will be free to use or transmit to others any ideas, concepts, or techniques contained in the user’s submission and accompanying materials for any purpose whatsoever, including, but not limited to, research, development, manufacture, use or sale of any products or Services incorporating or relying on such information.

Links to Other Sites

Prismpbm.com may contain links to or framed Content from other sites, which are provided solely as a convenience to you. PrismRx is not responsible for the availability of external site, framed Content or resources linked to the site, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such site or resources.

Certain Services available on Prismpbm.com are provided by third party contractors of PrismRx. You understand, acknowledge, and agree that PrismRx may divert you to websites hosted by such contractors who may have access to your personal information pursuant to the rules and regulations posted on PrismRx's Privacy Policy.

Privacy

PrismRx does not sell or rent your personal information to third parties for its marketing purposes and we only use your information as described in the PrismRx Privacy Statement.

Security of Data Transmission and Storage

Electronic communications through Prismpbm.com or using the PrismRx Services may not be secure. You acknowledge that there is a risk that data, personal information, communications, and personal data, may be accessed by unauthorized third parties when communicated between you and PrismRx or between you and other parties.

Disclaimer of Warranties

If you are experiencing a medical crisis, please call 911 or contact your local emergency assistance service immediately.

Prismpbm.com is provided to you for your educational and informational purposes. It is not intended as a substitute for a consultation with your physician, or other applicable clinician pharmacist, or health provider. The risks and benefits of any particular drug or treatment should be considered with your physician, applicable clinician, or health provider. You should consult with your physician to assist you in evaluating the appropriateness of the information provided to you by Prismpbm.com and its network of licensed pharmacists and any medications you are taking in the context of your situation and circumstances and with due consideration to new developments.

In no event will PrismRx be liable for any decision made or action taken in reliance on the information contained on this site, nor will you directly or indirectly make any claim against PrismRx or its affiliates with respect thereto.

Prismpbm.com and its Content are provided on an "AS IS" and "AS AVAILABLE" basis. USE OF THE SITE OR ITS CONTENT AND ANY RELIANCE THEREON WILL BE AT YOUR OWN RISK. PRISMRX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-­‐INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY OR REPRESENTATION, WHETHER ORAL, IN WRITING OR ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF THE SITE OR OF ANY CONTENT PROVIDED THROUGH THE SITE.

Disclaimer

PRISMRX SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY INJURY AND/OR DAMAGE TO PERSONS OR PROPERTY AS A MATTER OF PRODUCTS LIABILITY, NEGLIGENCE, CONTRACT, TORT OR OTHERWISE, OR FROM ANY USE OF OPERATION OF ANY METHODS, PRODUCTS, INSTRUCTIONS OR IDEAS CONTAINED IN THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRISMRX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSS INCURRED IN CONNECTION WITH USE OF THE SITE OR ANY OF THE MATERIALS PROVIDED BY PRISMRX OR THIRD PARTIES THROUGH THE SITE, OR ANY DAMAGE OR LOSS CAUSED BY INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, OR DELAYS IN PERFORMANCE OF THE SITE, REGARDLESS OF THE CLAIM OR AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF PRISMRX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

Certain of the information on Prismpbm.com is licensed by PrismRx or otherwise made available to PrismRx by third parties. PrismRx is not responsible for the Content of any information provided to it by any third party.

Information accessible through Prismpbm.com speaks only as of the date such information was prepared. Such information may be incomplete or may have become out of date. PrismRx makes no commitment, and disclaims any duty, to update or revise such information.

PrismRx does not warrant that the functions contained in the materials or Prismpbm.com will be uninterrupted or error-free, that defects will be corrected, or that Prismpbm.com or the server that makes it available is free of viruses or other harmful components.

Clinical Information

The clinical information residing on Prismpbm.com is authored by licensed Healthcare Professionals. Information is intended solely for your educational and informational purposes. It is not intended as a substitute for a consultation with your physician, and should not be used to diagnose or treat a health problem without consulting your physician. In no event will PrismRx be liable for any decision made or action taken in reliance on the information contained on Prismpbm.com nor shall you directly or indirectly make any claim against PrismRx or its affiliates with respect thereto.

Intellectual Property Rights in Content

Prismpbm.com and the Content and Services are furnished by PrismRx or a third-party provider or webcaster and are intended for the personal use of PrismRx's Users. All rights are exclusively reserved to PrismRx and its contributors and licensors. You acknowledge that the website may contain information, communications, photos, text, video, graphics, music, sounds, images, and other materials, which are provided by PrismRx or by contributors or licensors of PrismRx (collectively, “Content”). You agree and acknowledge that the Content and use of Prismpbm.com along with the PrismRx trademark, service markes, and logo are protected by copyright, trademark and other intellectual property laws, that these rights are valid and protected in all media now existing or later developed, and that as specifically provided in this Agreement, your use of the Content will be governed and constrained by applicable copyright, trademark, and other intellectual property laws.

Prismpbm.com and Content are protected by copyright as a collective work and/or compilation, and as individual works, as the case may be, pursuant to United States Copyright laws. Except as set forth in these Terms, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content of Prismpbm.com, in whole or in part.

Digital Millennium Copyright Act Compliance Policy

It is our policy to promptly respond to claims of copyright infringement in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512, as amended) (the “DMCA”). If you believe that an infringing copyrighted work is accessible on Prismpbm.com, you may notify us by sending the following information to the address listed below:

  • An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other right being infringed;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of the material that you claim is infringing and where it is located on Prismpbm.com;
  • Your address, telephone number and email address;
  • A statement by you that you have a good faith belief that the use of the materials on Prismpbm.com of which you are complaining is not authorized by the copyright owner, its agent or the law; and
  • A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or intellectual property owner or are authorized to act on

We will process and investigate all notices of alleged infringement as required by the DMCA, and will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. When we remove or disable access to any material claimed to be infringing, we may attempt to contact the supplier of such material in order to give that supplier an opportunity to respond to the notification. If the supplier of the material gives a counter­-notification claiming that the use is authorized, we may reinstate the material in question, and we will furnish that counter­-notification to the complaining party, and will give the complaining party an opportunity to seek judicial relief under the DMCA before we replace or restore access to any materials. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you contact an attorney before providing a counter­-notification.

Trademark Information

PrismRx, and the PrismRx trademark, service marks, and logos are registered trademarks of PrismRx, LLC. Other trademarks are owned by PrismRx and/or its affiliated entities or are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of PrismRx or the owner of such marks.

Amendments to Services and Termination

PrismRx reserves the right to modify or discontinue, temporarily or permanently, any Service (or any part thereof) with or without notice. You agree that PrismRx, in its sole discretion and with or without notice, may terminate your access to any or all Services, and remove and discard any information or Content within a Service. PrismRx may, in its sole discretion, terminate or suspend your access to all or part of Prismpbm.com for any reason, or for no reason whatsoever including, without limitation, for breach of these Terms.

PrismRx reserves the right, in its sole discretion, to change, modify or relocate the Terms. PrismRx may amend the Terms at any time by posting the amended Terms on Prismpbm.com.

These Terms are governed by the laws of the great state of Texas without reference to any conflict of law principles. If any provision of these Terms is determined to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity of any remaining provisions. In these Terms, the term ‘including’ means ‘including without limitation’.

Except as otherwise expressly provided for in these Terms, these Terms set forth the entire agreement between you and PrismRx regarding the subject matter of these Terms, and supersede all prior promises, agreements or representations, whether written or oral regarding such subject matter.

Not Intended for Use by Minors

Prismpbm.com is not intended for, nor do we believe it is appealing to, children under the age of 18. We will not knowingly collect information from Prismpbm.com visitors in this age group.

Effective Date of General Terms and Conditions: December 1, 2015

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