2. NO MEDICAL ADVICE The Sites and Services do not offer professional support for medical care, mental health, or other professional services or any medical advice. We do not provide medical services and the Services are not intended to create a provider-patient relationship as defined by law. Any content accessed through the Sites or Services is for informational purposes only, does not constitute medical advice, diagnosis, treatment, or recommendations of any kind, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. The Services should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet, or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through the Sites or Services. Call 911 or your doctor for all medical emergencies. PRESCRYPTIVE IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE SITES OR SERVICES. IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTION THAT MAY CAUSE HARM TO YOU OR OTHERS OR IF YOU FEEL THAT YOU OR ANOTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL 911 AND NOTIFY THE RELEVANT AUTHORITIES OR CONTACT THE NATIONAL SUICIDE PREVENTION HOTLINE AT 1-800-273-8255.
8. WIRELESS PHONE POLICY, ELECTRONIC COMMUNICATIONS, COMPUTER EQUIPMENT, BROWSER ACCESS, AND INTERNET SERVICES By providing Us your wireless phone number, you expressly consent to Us calling you at this phone number, in person or through an automated system. You certify that you provided Us your own information and give permission to be contacted at the email address and/or phone number provided by autodialed calls/text messages and/or pre-recorded messages, by Prescryptive about healthcare and consumer products/services, regardless of your status on any State or Federal Do Not Call list. You understand consent is not a condition of purchase. However, withholding or revoking your consent may prevent Us from effectively providing you access to, or supporting your use of, the Sites or Services that rely on contacting you using your email or phone number. Messaging and data rates may apply from your mobile carrier. Accessing the Sites, sending Us emails or texts, completing online forms, and other communications using your computer or mobile devices constitute electronic communications. You consent to receive all communications from us electronically. You agree that all agreements and consents can be signed electronically, and that all notices, disclosures, orders, records and other communications that we provide you electronically satisfy any legal requirements that such notices, communications, records or consents be in writing. To the extent allowed by law, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Systems”) necessary for you to access and use the Services. This responsibility includes, without limitation, your utilizing up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are additionally responsible for obtaining Internet services via the Internet service provider of your choice, for any and all fees imposed by such Internet service provider and any associated communications service provider charges. You acknowledge that there is certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet, and you hereby expressly assume such risks. You acknowledge that you are responsible for the data security of the Systems used to access the Services, and for the transmission and receipt of information using such Systems. You acknowledge that you have requested access to the Services for your convenience, have made your own independent assessment of the adequacy of the Internet and Systems, and that you are satisfied with that assessment. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your System.
9. CONTENT AND SERVICES ACCESSED THROUGH THE PRESCRYPTIVE SERVICES You may choose to allow a third-party service provider (such as a Personal Health Record or PHR) to retrieve, provide, modify or otherwise use health and other information in your account or otherwise share your information with the service provider. Once you enable a specific third-party service provider to access your account, the service provider may continue to access your account until you affirmatively disable access. Third-party service providers include both health care providers and other entities. It is your sole responsibility to review and approve each such third-party service before sharing your information through or otherwise accessing it. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE TRAINING OR SKILL OF ANY PROVIDERS WHO PROVIDE YOU SERVICES VIA THE SITES AND SERVICES. USE OF THESE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT YOUR OWN RISK. PRESCRYPTIVE MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT.
10. LINKS TO OTHER SITES The Sites and Services may contain third party-owned content (e.g., articles, data feeds, abstracts, etc.) and may also include hypertext links to third party-owned websites. We provide such third-party content and links as a courtesy to our users. We have no control over any third-party owned web sites or content referenced, accessed by or available through the Sites and Services and, therefore, we do not endorse, sponsor, recommend or otherwise accept any responsibility for such third-party web sites or content or for the availability of such web sites. IN PARTICULAR, WE DO NOT ACCEPT ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT ANY THIRD-PARTY OWNED CONTENT (WHETHER PUBLISHED ON THE SERVICE, OR ANY OTHER, WEB SITE) INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ANY LIABILITY ARISING OUT OF ANY INFORMATION OR OPINION CONTAINED ON SUCH THIRD-PARTY WEB SITE OR CONTENT. If you link to third-party sites from Prescryptive, you should consult the policy statements of each site you visit.
11. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. PRESCRYPTIVE AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. ACCESS TO THE SERVICES MAY BE INTERRUPTED AND INFORMATION, SERVICES AND MATERIALS MAY NOT BE ERROR-FREE. NONE OF PRESCRYPTIVE, ITS SUPPLIERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES AND SERVICES OR THE INFORMATION, SERVICES, AND MATERIALS CONTAINED THEREIN ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, SERVICES, AND MATERIALS PROVIDED ON THE SITES OR SERVICES; THEY ALSO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITES OR SERVICE FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SITES AND SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
13. APPLICABLE LAW AND DISPUTE RESOLUTION. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE PRODUCTS OR SERVICES OR ANY PART OF THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION; THE ARBITRATOR SHALL APPLY WASHINGTON LAW TO ALL OTHER MATTERS. NOTWITHSTANDING ANYTHING TO THE CONTRARY, ANY PARTY TO THE ARBITRATION MAY AT ANY TIME SEEK INJUNCTIONS OR OTHER FORMS OF EQUITABLE RELIEF FROM ANY COURT OF COMPETENT JURISDICTION. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AND WE AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS. To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Prescryptive, in case of our registered agent to National Registered Agents, Inc., 160 Greentree Drive, Suite 101, Dover, DE 19904. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at https://www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrators fees and costs will be governed by the AAA’s rules, but if you are unable to pay any of them, we will pay them for you for claims totaling less than $75,000 unless the arbitrator determines the claims are frivolous. We and you will not seek attorneys’ fees or other costs in arbitration unless the arbitrator determines that the claims or defenses of a party are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having competent jurisdiction thereof. This section shall survive expiration, termination, or rescission of your uses of the Services. The Services are limited and not available to users outside the United States. Use of the Services outside the United States is prohibited. Since the laws of each state or country may differ, you agree that the statutes and laws of the State of Washington, without regard to any principles of conflicts of law, will apply to any and all matters relating to the use of the Services.
16. CONTACT INFORMATION Prescryptive is headquartered in Redmond, Washington in the United States of America. Please contact us at Prescryptive Health, Inc., PO Box 403, Redmond, WA 98073 or email firstname.lastname@example.org. While we make every effort to respond to all emails within one business week, we cannot guarantee a response to every electronic communication.