Terms Of Service
1. Account Registration and Access To register for the Services and create an account, you (including any agent designated by you operating on your behalf), you agree to provide us with complete and accurate information when you register for the Services, and to keep such information up to date. You shall protect your username and password and are solely responsible for activities that occur under or through your account, including activities initiated by third parties, whether or not such activities are authorized by you. If you allow a third party to access the Services on your behalf, you shall ensure that such third party is bound by, and abides by, the terms of this Agreement. You agree to notify GoToPills immediately of any unauthorized use of your account or any other breach of security relating to your account or your use of the Services.
2.1 SUBSCRIPTION TERMS
GoToPills offers a range of subscription plans to its Services (each, a “Plan”). Each Plan includes a numerical range of user interactions or engagement views (“Events”) that may be recorded by our Services on your registered web page in any given month of the subscription period. You will select your Plan as part of your registration for the Services. Each subscription period for a Plan will be based on the subscription period chosen either annually or monthly. You may choose to be billed for the Plan annually or monthly. Regardless of your billing cycle, you are responsible for subscription fees for the entire subscription period chosen. Subscription fees are non-refundable At the end of your current subscription period, your Plan will automatically renew for a subscription period equal to your prior subscription period unless you provide GoToPills with email notice (info@GoToPills.com) of your intent not to renew your Plan at least thirty (30) days prior to the end of the then-current subscription period. To view the
- User Agreement: By accessing or using GoToPills you agree to be bound by the terms and conditions of this Agreement. The information contained herein is subject to specific restrictions, disclaimers, and limitations. Your use of GoToPills acknowledges acceptance of these restrictions, disclaimers and limitations. Disclaimers apply to warranties of the product as well as to the disclaimer of warranty of information and disclaimers of third party content providers.
- Proprietary Rights: All proprietary rights in and to the GoToPills website/app/prescribing tools /prescribing tools are owned by GoToPills, Inc. and the structure, organization and code relating to the website/app/prescribing tools /prescribing tools and all other information or data supplied by GoToPills and its suppliers, including, without limitation, any and all information and data are the valuable trade secrets of GoToPills. You may not copy the website or the documentation, except as set forth in the Use of GoToPills. Any copies that you are permitted to make pursuant to this Agreement must contain the same proprietary notices that appear on or in the website. You agree not to modify, adapt, translate, reverse engineer, or disassemble the website, or attempt to create derivative works based upon the GoToPills website/app/prescribing tools /prescribing tools or any part thereof.
- Ancillary Services: At the sole discretion of GoToPills certain ancillary features and services may from time to time be made available to you for use with the website (the “Ancillary Services”).
- Notice to Government End Users:The website/app/prescribing tools /prescribing tools and documentation are commercial website documentation as those terms are used in 48 CFR 12.212. Unless otherwise agreed, use, duplication or disclosure of such website information and documentation by U.S. Government civilian agencies is subject to the restrictions set forth in 48 CFR 52.227-14 (ALT III) and 48 CFR 52.227-19, and use, duplication or disclosure by DOD is subject to the restrictions set forth in 48 CFR 227.7202-1(a) and 48 CFR227.7202-3(a) or, if applicable, 48 CFR252.227-7013(c)(1)(ii) (Oct. 1988).Off-Label Events, Inc., PO Box 667485 Houston Texas 77266. The website/app/prescribing tools /prescribing tools has rights reserved under the US copyright laws.
- External Links: GoToPills contains links to other Internet Web sites or resources only for the convenience of the users of its website/app/prescribing tools /prescribing tools. GoToPills is not responsible for the availability or content of these external sites nor does GoToPills endorse, warrant or guarantee the products, services or information described or offered at these other Internet sites. It is the responsibility of the user to examine the copyright and licensing restrictions of linked pages and to secure all necessary permission.
- No Endorsement: GoToPills does not endorse or recommend any products or services. Reference to specific products, processes, internet sites or services do not constitute or imply recommendation or endorsement by GoToPills, its agents and/or employees. The information published on the web sites could include technical inaccuracies or typographical errors.
- General Provisions: (a). This Agreement sets forth GoToPills’ and its Representatives’ entire liability and your exclusive remedy with respect to this website/app/prescribing tools /prescribing tools and its contents. You acknowledge that this Agreement is a complete statement of the agreement between you and GoToPills with respect to this website/app/prescribing tools /prescribing tools and that there are no other prior or contemporaneous understandings, promises, representations or descriptions with respect to same. (b). This agreement does not limit any rights that GoToPills may have under trade secret, copyright, patent or other laws. The Representatives of GoToPills are not authorized to make modifications of this Agreement, or to make any additional representations, warranties or commitments binding upon GoToPills, other than in writing signed by an officer of GoToPills. Accordingly, such additional statements are not binding upon GoToPills, and you should not rely on such statements. This Agreement may only be modified in writing signed by an authorized officer of GoToPills. (c). The Parties hereto agree that any and all claims, controversies or disputes arising from or related to this Agreement, including, but not limited to those claims, controversies or disputes pertaining to the formation, construction, performance, applicability, interpretation, enforceability, or breach of this Agreement, or any claim or assertion that all or part of this Agreement is void or voidable, shall be settled by binding arbitration. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. No claim submitted to arbitration is heard by a jury and no claim may be brought as a class action or as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class with respect to any claim. Further, his Agreement will be construed in accordance with and governed by the laws of the State of Texas (without reference to choice of law principles), except for trademark and copyright matters governed by federal law. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The Parties hereto also agree that any award tendered by the arbitrator may be entered as a judgment in the Harris County District Court and enforceable as an order of said court and the Parties hereby submit to the venue and jurisdiction of that court for purposes of enforcement of any arbitration award. (d). If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. (e). This Agreement may be terminated by GoToPills immediately and without notice if you fail to comply with any term or condition of this Agreement. From time to time GoToPills may change the terms and conditions of this Agreement. GoToPills will notify you of any such change. After such notification your continued use of the website/app/prescribing tools /prescribing tools will indicate your agreement to the change.
8. Medical Disclaimer: GOTOPILLS INFORMATION SHOULD NOT BE INTERPRETED AS A SUBSTITUTE FOR PHYSICIAN EVALUATION OR TREATMENT. USERS ARE ADVISED TO SEEK THE ADVICE OF A HEALTHCARE PROFESSIONAL, AND PRACTITIONER-USERS ARE ADVISED TO RELY ON THEIR OWN TRAINING, EDUCATION, EXPERIENCE, AND STANDARDS OF THEIR PROFESSION. GOTOPILLS AND ITS AGENTS AND/OR EMPLOYEES SHALL HAVE NO LIABILITY WHATSOEVER FOR DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RELATING IN ANY WAY TO THE INFORMATION CONTAINED ON THE GOTOPILLS website/app/prescribing tools NOR RESULTING FROM ANY DEFECTS OR FAILURE OF THE GOTOPILLS website/app/prescribing tools OR THE INFORMATION CONTAINED THEREIN. GOTOPILLS’ AGENTS, AND/OR EMPLOYEES DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF GOTOPILLS INFORMATION. THE INFORMATION IN GOTOPILLS IS NOT INTENDED TO SUGGEST OR ESTABLISH LEGAL OR MEDICAL CAUSATION, BUT MERELY CONVEYS GENERAL INFORMATION CONCERNING THE DRUG THAT IS THE SUBJECT OF THE SEARCH. GOTOPILLS AND ITS AGENTS AND/OR EMPLOYEES EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE ACCURACY, COMPLETENESS OR FITNESS FOR A PARTICULAR PURPOSE OF THE GOTOPILLS website/app/prescribing tools . PERSONS ACCESSING THE GOTOPILLS website/app/prescribing tools ASSUME FULL RESPONSIBILITY FOR THE USE OF THE INFORMATION AND UNDERSTAND AND AGREE THAT GOTOPILLS AND ITS AGENTS AND/OR EMPLOYEES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS OR DAMAGE ARISING FROM THE USE OF THE INFORMATION. GOTOPILLS’ AGENTS, AND/OR EMPLOYEES ARE NOT ENGAGED IN RENDERING MEDICAL, HEALTH, PSYCHOLOGICAL, OR ANY OTHER KIND OF PERSONAL PROFESSIONAL SERVICES ON THIS SITE. THE INFORMATION SHOULD NOT BE CONSIDERED COMPLETE AND DOES NOT COVER ALL DISEASES, AILMENTS, PHYSICAL CONDITIONS OR THEIR TREATMENT. THE INFORMATION ABOUT DRUGS, CONTAINED ON THIS SITE/APP, IS GENERAL IN NATURE. THE GOTOPILLS website/app/prescribing tools DOES NOT COVER ALL POSSIBLE USES, ACTIONS, PRECAUTIONS, SIDE EFFECTS, OR INTERACTIONS OF THE MEDICINES MENTIONED, NOR IS THE INFORMATION INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL PROBLEMS OR FOR MAKING AN EVALUATION AS TO THE RISKS AND BENEFITS OF TAKING A PARTICULAR DRUG. USE OF THIS SITE/APP AND ANY INFORMATION OBTAINED FROM THIS SITE/APP DOES NOT INITIATE OR ESTABLISH A DOCTOR-PATIENT RELATIONSHIP. NOTHING ON THIS website/app/prescribing tools SHOULD BE CONSIDERED MEDICAL ADVICE. MOREOVER GOTOPILLS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE COMPLETENESS, ACCURACY, OR RELIABILITY OF THE INFORMATION OR CONTENT ON THIS WEBSITE/APP/PRESCRIBING TOOLS. GOTOPILLS DOES NOT REPRESENT OR WARRANT THAT THE MEDICATIONS LISTED UNDER FDA-APPROVED DRUGS ARE A FULL AND COMPLETE LIST OF ALL FDA-APPROVED DRUGS AND THAT THE CAUTIONARY CONDITIONS ASSOCIATED WITH THE MEDICATIONS IN THE GOTOPILLS DATABASE ARE SOLEY A REFLECTION OF THE CONDITIONS THAT ARE CHECKED BY THE PROVIDER. THAT THE GOTOPILLS OFF-LABEL INFORMED CONSENT IS NOT WARRANTED OR REPERESENTED TO KEEP PATIENTS FROM LITIGATION OF CLAIMS.
- Disclaimer of Warranties: GOTOPILLS AND ANY RELATED SERVICES OR CONTENT ACCESSIBLE THOUGH GOTOPILLS ARE PROVIDED “AS IS”, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOTOPILLS DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES EXPRESS OR IMPLIED REGARDING THE website/app/prescribing tools AND ITS CONTENT, INCLUDING, WITHOUT LIMITATION, WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY OR SERVICE. GOTOPILLS DOES NOT WARRANT THAT THE website/app/prescribing tools AND ITS CONTENT IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER TECHNICAL ERRORS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF USE . HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH VARY FROM STATE TO STATE. 10. Limitation of Liability and Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOTOPILLS AND ITS REPRESENTATIVES, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT OR THE LIKE, OR FOR ANY CLAIM BY ANY THIRD PARTY, WHETHER BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF GOTOPILLS, OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GOTOPILLS AND YOU AND GOTOPILLS WOULD NOT BE ABLE TO HAVE PROVIDED THE website/app/prescribing tools WITHOUT SUCH LIMITATIONS. NOTICE TO USER: THIS IS A CONTRACT. BY ACCESSING OR USING GOTOPILLS YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
- Our Policies Regarding the Collection of Information. At GoToPills our goal is to provide users with quality information, products, and services. We are committed to providing users with responsive, personalized service and keeping users informed about new information, products and services that may be of immediate interest to users or that can help users derive the greatest value from our services. A visitor browsing the GoToPills website is not required to reveal any personally identifiable information, such as name, address, or telephone number, unless subscribing to a product or creating a log in and such information is not collected passively by electronic means.
- Our Policies Regarding the Use and Disclosure of Information. We do not share customer information with third parties.
- Information Confidentiality and Security. GoToPills is committed to preventing any unauthorized access to customer and other personally identifiable information. Each user is responsible for maintaining the confidentiality of his or her user ID and password. Each user agrees to immediately notify GoToPills of any unauthorized use of the user’s ID or password or customer information and other personally identifiable information. GoToPills will not be liable for any loss whatsoever arising from a user’s failure to comply with these security requirements and each user agrees to hold GoToPills and its agents harmless from any and all losses that arise from the failure to comply.