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Terms of Use ("User Agreement")

Updated February 8, 2018

The following Terms of Use (“User Agreement”) govern your access to and use of this Website (“Website”), including any content and Services offered through the Website. As new features are added to the Website or legal requirements change, the Privacy Policy and Terms of Use may be modified. MedImpact Healthcare Systems, Inc. and its affiliated entities including, but not limited to, MedImpact Direct, LLC, and 340B Holdings, LLC, each a wholly owned subsidiary (hereinafter referred to as “We,” “Our,” or “MedImpact”), may update and change this User Agreement from time to time without notice to you. You are responsible for reviewing this User Agreement and the Privacy Policy (incorporated herein by reference) on a regular basis to make sure you are still in agreement to comply with them. By using or accessing the Website and Services after changes have been made to the Website, the User Agreement, or Privacy Policy, you are agreeing to accept those changes.

Acceptance of Terms

This User Agreement is a legally binding contract. By using this Website, you accept and agree to be bound by this User Agreement and all applicable terms and restrictions. You agree that you are able to accept the Terms of Use for the Website and Services and that you will use the Website and Services in a manner consistent with these Terms of Use. MedImpact provides access to this Website and the other Services provided by us through this Website, either in whole or in part, through the Internet subject to your acceptance of the User Agreement, which may be amended by MedImpact at any time.

Any changes to this User Agreement will be communicated through this Website and will be effective 30 days after the date of such update. By becoming a User (as defined herein) of the Website, you agree to be bound by the terms of this User Agreement. When using a particular service through this Website, you may also be subject to any posted guidelines, rules, terms of service, codes of conduct or other contractual provision as noted, including the Disclaimer, Privacy Policy, and User Agreement.

Types of Users

Any person accessing the Website or other Services provided by MedImpact through this Website, either manually or via an automated device, handheld device, application or program, to the extent permitted hereunder, shall be considered a “User.” All Users are bound by the terms of this User Agreement. All Users must be at least 13 years of age, and if the User is under 18 years of age, a parent or legal guardian must accept this User Agreement on behalf of the User.

Acceptable and Lawful Use; No Endorsement of Content

Users shall comply with all appropriate laws, statutes, and regulations regarding the use of this Website. MedImpact makes no representations or endorsements regarding the quality, accuracy, and reliability of information posted on the Website.

Protecting Your Information

You should keep any correspondence you receive relating to the Website and Services (including, but not limited to, your user ID, passwords, other registration information, e-mails, order information, or any other information, hereinafter referred to as “Services” ) confidential and in a safe place. If other people have access to your computer, handheld device, user ID or password, or other personal information, they may be able to access information you have obtained from the Website and Services. MedImpact is not responsible for the security of privacy of any such information under these circumstances. You agree to notify Medimpact at privacy@medimpactdirect.com if you learn of or suspect any loss or unauthorized use of your login information (user ID or password). MedImpact is also not responsible for the security of your internet access Services provider and you should review their security and privacy policies carefully.

Dispute Resolution

Users agree to use the dispute resolution procedures set forth herein with respect to any controversy or claim arising out of or relating to this User Agreement or its breach. Any dispute between you and MedImpact arising out of or in connection with this User Agreement shall be settled by a binding arbitration in San Diego, California, in accordance with the then-current rules and procedures of Judicial Arbitration and Mediation Services, Inc. (JAMS). The arbitrator shall apply the law in accordance with the laws of the State of California. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You agree that, any provision of law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys’ fees. Any disputes between you and other users of this Website are not the responsibility of MedImpact.

Governing Law: Attorneys’ Fees

Although this Website may be accessed by any User worldwide, the Website and Services are intended only for use by United States residents, are presented solely as a service to visitors and subscribers located in the United States of America (“U.S.”) and its territories, and therefore may not comply with legal requirements of foreign countries. Users residing outside of the U.S. and its territories who access and use this Website do so at their own risk and are responsible for complying with any of their foreign country’s laws. This User Agreement shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules and matters affecting copyrights, trademarks, and patents under U.S. federal law. In any action to enforce this User Agreement, the expenses of the arbitration, including reasonable attorney's fees, will be paid for by the party against whom the award of the arbitrator is rendered.

Intellectual Property

The Website and Services contain copyrighted works, trademarks and other proprietary material owned by MedImpact or our information providers. This Website is protected by federal and international copyright and trademark laws. If no restrictions are displayed, you may print, download, or make copies of materials, including this User Agreement, from the Website and Services for your own personal and non-commercial use only. Except as just provided, you may not copy, reproduce, publish, post, transmit, display, store, sell, sublicense, transfer or distribute material or images, or reverse engineer, decompile, disassemble, modify or create derivative works from the Website and Services without prior express written permission from a MedImpact employee who has the authority to grant such permission. In addition, you may not modify, alter, revise, paraphrase, omit, change, create derivative works, or modify or obliterate any copyright notice or other warning on any material or images from the Website or Services without prior express written permission from a MedImpact employee who has the authority to grant such permission. Any rights not expressly granted by this User Agreement or any applicable end-user license agreements are reserved by MedImpact.

Disclaimer of Warranties

MEDIMPACT PROVIDES ACCESS TO THIS WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. MEDIMPACT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. USER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE, WEBSITE-RELATED SERVICES OR INFORMATION, AND HYPERLINKED WEBSITES. SERVICES AND INFORMATION PROVIDED BY HYPERLINKED WEBSITES OR THIRD PARTIES MAY BE SUBJECT TO THE ADDITIONAL TERMS AND CONDITIONS OF THOSE PROVIDERS. MEDIMPACT MAKES NO WARRANTY THAT THE WEBSITE OR SERVICE WILL MEET USER REQUIREMENTS, OR THAT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DOES MEDIMPACT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE OR SERVICE OR THAT ANY DEFECTS WILL BE CORRECTED. MEDIMPACT MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED THROUGH THE WEBSITE OR THROUGH HYPERLINKED WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A USER FROM MEDIMPACT SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Other Limitations of Liability

MEDIMPACT CANNOT AND WILL NOT ASSUME ANY LIABILITY FOR UNAUTHORIZED OR FRAUDULENT USE OF THE WEBSITE AND SERVICES. BY ACCESSING THE WEBSITE AND SERVICES, YOU AGREE TO HOLD HARMLESS AND WAIVE ALL CLAIMS AGAINST MEDIMPACT AND OUR RELATED PARTIES REGARDING THE INFORMATION PROVIDED AND YOUR USE OF IT. IN ADDITION, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL MEDIMPACT OR OUR RELATED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES – EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES – OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (HOWEVER ARISING IN TORT, CONTRACT, OR OTHERWISE) REGARDLESS OF OUR NEGLIGENCE OR WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE OR CLAIM RELATED TO THE WEBSITE AND SERVICES IS YOUR STOPPING YOUR USE OF THE WEBSITE AND SERVICES. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF MEDIMPACT AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

MedImpact will notify you of any claim made by a third party for liability or expense arising from your use of the Website and Services, in whole or in part, directly or indirectly. You in turn agree to indemnify, defend, and hold harmless MedImpact and its affiliates, respective officers, directors, employees, contractors, agents, and other related parties for any such claim, including reasonable attorneys' fees. This section shall survive termination of the User Agreement.

Medical and Other Advice

The information provided by MedImpact is not intended as medical, legal or other professional advice. All information on the Website and Services is for User’s educational and informational purposes only. This information is not intended as a substitute for consultation with User's doctor or other licensed medical professional and should NOT be used to diagnose or treat a health problem. User should consult with User's doctor to assist in evaluating the appropriateness of any information provided by the Website and Services. User should never disregard, avoid or delay obtaining medical advice from a licensed professional because of something in the Website or Services. In no event will MedImpact be responsible for any decision made or action taken in reliance on the information contained in the Website and Services.

The information in the Website and Services is also not intended as and does not constitute financial or legal advice, and User should consult an appropriate professional for specific advice tailored to User's situation.

User’s Use of the Website and Services

User agrees to use the Website and Services only for lawful purposes and in a manner consistent with their intended use and these Terms of Use. MedImpact may, at any time and without notice, prohibit access to the Website and Services to any individuals whom MedImpact determines are using the Website and Services in a way not permitted under these Terms of Use, or is restricting or prohibiting any other user from using or enjoying the Website and Services, or whose conduct might constitute a criminal offense, result in civil liability, or otherwise violate any applicable local, state, national or international law.

Examples of prohibited uses of the Website and Services include, but are not limited to: (a) sharing of personal medical/prescription information with an unauthorized third party; (b) placement on the Website and Services of any untrue, malicious, fraudulent, harassing, offensive or defamatory material, or any material that is irrelevant to a legitimate use of the Website and Services; (c) introduction of viruses, worms or other programming routines that are intended to disrupt or interfere with the operation of the Website and Services; (d) linking to or insertion of links to other sites of whatever character; (e) unauthorized changes to any data or information supplied by the Website and/or Services; (f) any activity that infringes on the copyright, patent, trademark or other rights of any other person or organization. Any unauthorized entry (commonly referred to as "hacking") into any portion of the Website or Services may constitute a crime under state and/or federal law and Users conducting such activity will be subject to prosecution of these violations to the fullest extent permitted by law. In addition, MedImpact hereby reserves all of its rights and remedies. Anyone using this Website and Services in violation of these Terms of Use will be liable to MedImpact for any and all damages suffered by MedImpact.

Severability

If an arbitrator or legal authority determines that any part of this User Agreement is illegal or unenforceable, then such part will be eliminated and the remaining Terms of Use will remain in force and effect and continue to apply to your use of the Website and Services.

Entire Agreement

This Agreement and any documents expressly incorporated by reference constitute the entire agreement between MedImpact and the User pertaining to the subject matter hereof, and supersede all prior agreements, representations and warranties, both written and oral with respect to the Website. From time to time, where certain laws/jurisdictions apply, MedImpact, when necessary, may make amendments. User shall regularly review the User Agreement that is posted on the Site. If User has any questions about the User Agreement, contact us at privacy@medimpactdirect.com. These Terms of Use shall survive termination of the User Agreement.