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Terms and Conditions
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By placing my order with 1stPriorityRx.com, I accept and understand the following:
1. 1stPriorityRx.com makes available for your use on this Web site (the "Site") the services operated by 1stPriority, LLC (collectively, "Services"), information and documents (collectively, the "Materials"), subject to the terms and conditions set forth herein (the "Terms"). 1stPriority, LLC and/or 1stPriorityRx.com are hereafter referred to as "1stPriority". By accessing or using this Site or trying or purchasing any services, products or treatments, you are agreeing to these Terms. In addition, when using particular Documents or Materials on this Site, you shall be subject to any posted guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to these Terms. All such guidelines or rules are hereby incorporated by reference into the Terms. If you breach any of the Terms, your authorization to use this Site automatically terminates and you must immediately destroy any Materials downloaded or printed from the Site. 1stPriority is not a pharmacy, it arranges and facilitates consultations which may result in prescriptions.
2. You give your permission for 1stPriority and their medical associates to perform and undertake an online medical questionnaire and evaluation of you as a potential patient.
3. By submitting a questionnaire for review for a consultation and possible prescription(s), you agree to release from liability and hold harmless 1stPriority, their affiliates, subsidiaries, directors, officers, employees, representatives, and independent contractors from all causes of action, suits, penalties, liens, judgments, liabilities, obligations, losses, actual or consequential damages, actual or threatened claims which may arise at any time by reason of, relating to, arising directly or indirectly out of any matter whatsoever related to the prescription of your selected medication.
4. Your information, membership data and your consultation request are being submitted by your own choice, at your own expense, and your own liability and you assume all responsibility for your use of any treatments prescribed through 1stPriority. You fully understand that it is your responsibility to have an annual physical examination, including any suggested laboratory tests, to ensure that you have no disease that might be incompatible for your self-described condition. You further agree to immediately notify any physician or healthcare provider whose present care you are under that you have chosen to take a prescription prescribed through 1stPriority so that they may advise to continue or discontinue use. Should you engage a new physician's care in the future; you further agree to immediately notify said doctor of your use of treatments prescribed by 1stPriority. 5. You hereby release 1stPriority and all of their employees and independent contractors including physicians and pharmacists from any and all liability whatsoever associated or connected with your consultation and/or your use of treatments prescribed. You hereby state that you are an adult of at least 21 years of age and as defined in your state of residence. You understand that falsifying information in order to obtain prescription medication is a violation of both State and Federal U.S. law. You hereby agree to answer truthfully all of the medical questions on the questionnaire.
6. You understand that no physician, nurse, or administrative personnel can guarantee that beneficial treatments, even if prescribed, will provide the results you seek. Further, you understand that even if prescribed, you may suffer adverse effects from treatments. You hereby release 1stPriority and all of its employees and contractors including physicians and pharmacists from any and all liability whatsoever associated with any adverse effects you may suffer from your use of prescribed treatments. You understand that it is your responsibility to furnish 1stPriority with your complete and accurate medical history and follow up thereafter with any subsequent changes as they occur.
7. You understand that the proposed consultation and care may involve risks and possibilities of complications, and that certain complications or side effects have been known to occur in patients who take prescribed treatments even when the utmost care, judgment, and skill are used. You acknowledge that no guarantees have been made to you as to the results nor are there any guarantees against favorable results, risks, or complications. 8. You understand and acknowledge that there is no implied warranty to you and that treatments may benefit one patient and not another. You understand that there is no known medical treatment that provides 100% satisfaction to everyone.
9. You understand and agree that 1stPriority and its employees may see any information you provide to your physician and that such information will constitute a medical record. You further understand and agree that 1stPriority and/or your physician will maintain your medical record(s). 10. You understand and acknowledge that Express and its associate medical practitioners RECOMMEND A PHYSICAL EXAMINATION BY A DOCTOR BEFORE YOU TAKE TREATMENTS PRESCRIBED BY 1stPriority. You understand that an online medical consultation will NOT include a physical examination. You HEREBY WAIVE A PHYSICAL EXAM at this time and AGREE to obtain a timely medical follow-up examination with a physician before you take treatments prescribed by 1stPriority. You also ATTEST that the medical condition that you are self-describing is true and that the condition may be defined as an "Emergency Medical Situation." An "Emergency Medical Situation" may be defined as "a condition of emergency in which immediate medical care or hospitalization, or both, is required by a person or persons for the preservation of health." This definition may be modified in meaning and or definition to constitute the definition of a "Temporary Doctor/Patient Relationship" in the state in which you reside and/or the doctor resides, is licensed and/or practices medicine. 11. You acknowledge and agree that you initiated the contract with 1stPriority and its practitioners may be located in another state from your own and that the medical practitioners may NOT be licensed to practice medicine in your state of residence. 12. YOU AGREE THAT ALL ONLINE MEDICAL CONSULTATIONS, DIAGNOSES, AND TREATMENTS WILL BE DEEMED TO HAVE OCCURRED IN THE STATE WHERE THE PHYSICIAN IS PHYSICALLY LOCATED AND LICENSED TO PRACTICE MEDICINE. 13. You fully understand and agree that if you fail in any way to furnish 1stPriority with your complete and accurate medical history, or you become aware of any changes in your physical or medical condition in the future and you fail to notify 1stPriority or its physicians of such changes, then you agree that you are solely responsible for any adverse effects you may suffer from taking or continuing to take treatments prescribed by 1stPriority or from participating in this program. 14. Refunds will ONLY be given at the discretion of 1stPriority management personnel. 15. You understand and agree that you are responsible for all customs, tariffs, and taxes, if applicable, in your state.
16. If, after review of your questionnaire and the consultation, a doctor determines that a prescribed treatment is the appropriate treatment for your condition, you hereby authorize a COD charge of $130.00 as a consultation fee. You understand that this charge is in addition to the cost of any possible prescribed medication, and if so, you understand that you may automatically qualify for up to two additional months of refills without a processing or additional consultation fee. You also understand that you must initiate any refills by contacting 1stPriority via the 1stPriorityRx.com website or via phone. You hereby authorize shipping and prescription charges to be charged via COD in accordance with the shipping information that you have supplied and any prescriptions that have been prescribed to you as a result of the doctors' consultation.
17. You must answer ALL questions requested in the questionnaires. If you feel a particular question does not apply, do not check the associated field or fill in the associated description box. 18. The Materials on the Site may include inaccuracies or typographical errors and are subject to change at any time. The Materials are provided "as is" without warranty of any kind. 19. In no event will 1stPriority or its suppliers be liable for indirect, special, incidental or consequential damages, whether in an action of contract or tort, arising out of the use of or inability to use the materials available on the Site, even if advised of the possibility of such damages. In particular, and without limitation, 1stPriority shall have no liability for any loss of use, data - including the costs of recovering such data - or profits.
20. Copyright Limited License: the Materials and Services on this Site are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, 1stPriority and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Materials and Services. 21. Except as specifically permitted herein, no portion of the information or documents on this Site may be reproduced in any form or by any means without the prior written permission of 1stPriority. 22. Use of Site Information: Except as otherwise indicated elsewhere on this Site, you may view, download and print the Materials and information available on this Site subject to the following conditions:
a. The documents and information may be used solely for personal, informational, internal, non-commercial purposes. b. The documents and information may not be modified or altered in any way. c. The documents and information on the Site may not be distributed. d. You may not remove any copyright or other proprietary notices contained in the documents and information. e. 1stPriority reserves the right to revoke the authorization to view, download and print the documents and information available on this Site at any time, and any such use shall be discontinued immediately upon written notice from 1stPriority. f. The rights granted to you constitute a license and not a transfer of title. The rights specified above to view, download and print the Materials and information available on this Site are not applicable to the design or layout of this Site. 23. Personal Information and Privacy: To learn about how 1stPriority protects your personal information, refer to the 1stPriority Privacy Policy.
24. Trademark Information: The trademarks, logos and service marks ("Logos") displayed on this Site are the property of 1stPriority or other third parties. You are not permitted to use the Logos without prior written consent of 1stPriority or such third party which may own the Logos. 1stPriority and the 1stPriorityRx logo are trademarks of 1stPriority, LLC.
25. YOU UNDERSTAND AND AGREE THAT YOU ARE ACCEPTING OR REJECTING THE TERMS OF THIS "CONSENT TO MEDICAL CARE'' BY ELECTRONICALLY MAKING YOUR CHOICE BELOW. IF YOU SELECT "I have read and accept the Terms and Conditions", YOU ACKNOWLEDGE THAT SUCH CHOICE WILL CONSTITUTE THE EQUIVALENT OF YOUR SIGNATURE UPON A BINDING AGREEMENT BETWEEN 1STPRIORITY, LLC AND YOURSELF. 26. You have read and understood the above-referenced provisions and authorize and accept the proposed Terms and care regardless of the medical or legal risks and you declare that you understand the risks.
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