Terms of Use

PLEASE READ THESE TERMS OF USE AND PRIVACY POLICIES CAREFULLY


By using this site, you agree to these Terms and Conditions of Use, as well as the Privacy Policies contained therein (collectively referred to as the "Terms of Use"). IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THIS SITE.


Description of Service


This website provides users with online Medicare Prescription Drug plan price comparison and drug substitution technologies and databases to help consumers select an appropriate plan and save on their healthcare costs. Additionally, this website provides a wide selection of pharmaceutical information and materials to assist users in researching healthcare options. These offerings and services are hereinafter referred to as "the Service". The plan comparison, optimize service, and other health information furnished on this site and any interactive responses are not intended to be professional advice and are not intended to replace personal consultation with a qualified physician, pharmacist or other healthcare professional. You must always seek the advice of a professional for questions related to your condition, condition symptoms, and appropriate therapeutic treatments. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare provider immediately. You should never disregard medical advice or delay in seeking it because of something you have read on this site.


We do not make any warranty that the content on this site satisfies government regulations requiring disclosure of information on prescription drug products. The content was developed for use in the United States, and neither our content providers nor we make any representation concerning the content when used in any other country. While information on this site has been obtained from sources believed to be reliable, neither our content providers nor we warrant the accuracy of codes, prices or other data contained on this site.


We do not give medical advice, nor do we provide medical or diagnostic services. Medical information changes rapidly. Neither our content providers nor we guarantee that the content covers all possible uses, directions, precautions, drug interactions, or adverse effects that may be associated with any therapeutic treatments.


Your reliance upon information and content obtained by you at or through this site is solely at your own risk. Neither we nor our content providers assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the content or services provided to you.


Limitation of Liability


Our content partners and vendors have utilized reasonable care in collecting and reporting the information contained in the Products on this website and have obtained such information from sources believed to be reliable. However, our content partners and providers do not warrant the accuracy of the information in the website, nor of codes, prices or other data available on this site. Information reflecting prices is not a quotation or offer to sell or purchase. The clinical information, including but not limited to drug substitution reports, contained in the Service is intended as a supplement to, and not a substitute for, the knowledge, expertise, skill, and judgment of physicians, pharmacists, or other healthcare professionals in patient care. The absence of a warning for a given drug or drug combination should not be construed to indicate that the drug or drug combination is safe, appropriate or effective in any given patient.


DESTINATIONRX, INC., ITS CONTENT PROVIDERS AND PARTNERS MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE DATA FROM WHICH THE INFORMATION IS COMPILED OR THE ACCURACY OF THE INFORMATION ITSELF, NOR THE COMPATIBILITY OF THE INFORMATION WITH ANY HARDWARE AND SYSTEMS, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.


YOU USE THIS SITE AND THE MATERIAL AND INFORMATION ON THE SITE SOLELY AT YOUR OWN RISK. ALL MATERIALS ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. DESTINATIONRX, INC., AND OUR INFORMATION PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF USE OF THE SITE, AND INCLUDING ANY CONSEQUENTIAL, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT (OR ANY OTHER AGREEMENT BETWEEN YOU AND US), WE (OR OUR CONTENT PROVIDERS OR SPONSOR/ADVERTISERS) SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE, YOU AND WE (ON BEHALF OF OURSELVES AND OUR CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED $1,000. YOU AND WE (ON BEHALF OF OURSELVES AND OUR CONTENT PROVIDERS, CONTENT PARTNERS, AND SPONSOR/ADVERTISERS) AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US (AND OUR CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU TO USE THIS SITE, THE SERVICES AND THE CONTENT. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SITE, THE SERVICES OR THE CONTENT TO YOU.


Trademarks and Copyrights


DestinationRx, Inc., DRX.com, DestinationRx Part-D Gateway, and other graphics, logos, and service names used on this website are the trademarks of DestinationRx, Inc. All other brands and names (including third-party product names) are the property of their respective owners. All Content in the Site is protected by copyrights, trademarks, or other intellectual property rights. Accordingly, no material from this website may be copied, reproduced, republished, uploaded, posted, transmitted, commercialized or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of our Intellectual Property rights and our content providers' Intellectual Property rights. Except for those third party materials as designated, all rights, title and interest in and to the materials on this site (including but not limited to all copyrights, trademarks, service marks, trade names and all derivative works) are owned or controlled by and shall remain at all time vested in DestinationRx, Inc., and its content providers.


Your Personal Account


While you do not have to log in as a member to use some of our services, registered members enjoy services and benefits unavailable to non-members. If you choose to become a member of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site without notice to you. Upon registration, you may choose an account and password designation. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account, at any time, and bar any further access to such files or the Site.


Account Information and certain other information about you is subject to our Privacy Policy. For more information, please click here to see our full privacy policy. You will receive a password and login name when you have completed the Account Information. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. In order to protect your personal information, please remember to logoff after each session. You agree that DestinationRx, Inc., cannot be held liable for your failure to comply with this section.


Acceptable Conduct


Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Service only for lawful purposes. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the DestinationRx, Inc., website, the Service, or third party information associated with the Service.


You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.


We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us. You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.


International Users


The Site is being operated from within the United States of America. We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own risk and are responsible for compliance with applicable laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the laws of the state of California. If any provision of this Agreement is held to be illegal or unenforceable, then such section shall be eliminated or limited to the minimum extent necessary and the remainder (including any revised portion of the agreement) shall remain and have full force and effect.

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