Terms of Use

DMEscripts LLC

Acceptance of Terms; Capacity

The DMEscripts website (this “website”) is offered to the user subject to the user’s acceptance of the terms, conditions, and notices contained in these Terms of Use. These Terms of Use apply to your use of or visit to this website and all functions or features of this website, as well as all products and services provided through this website. By accessing and using this website, the user agrees to and accepts these Terms of Use, as they may be modified from time to time by DMEscripts LLC and/or its affiliates (collectively, “DMEscripts”). BY USING THIS WEBSITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THESE TERMS OF USE AS YOUR BINDING AGREEMENT. If you are using this website on behalf of another person or entity (for example, your employer) these Terms of Use are legally binding on you and the other person or entity (collectively referred to herein as “you” and/or the “user”) and DMEscripts.

YOUR ACCOUNT

Customers of DMEscripts may register for an account. As part of the registration process, you will be assigned a username and will create your own personal password. You are responsible for maintaining and promptly updating your account information for accuracy and completeness. You are solely responsible for maintaining the confidentiality and security of, and restricting access to, your account and password. You agree to accept full responsibility for all activities that occur under your account or password, including use of your account by any third party using your username and password. You must notify DMEscripts in a timely manner of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft or unauthorized use or disclosure of your username or password. DMEscripts is not obligated to inquire as to the authority or propriety of any use of or action taken under your password. DMEscripts will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions. If you are accessing this website on behalf of your employer or another person or entity, you are not authorized to access this website after your employment or other relationship with that other person or entity ends and you agree to cease any access of this website thereafter.

ORDER REQUESTS

In accordance with these Terms of Use, users may use this website to submit, receive and update order requests and to provide related documentation. DMEscripts will only accept order requests for shipment or services to addresses within the United States (provided, that DMEscripts will not be in violation of these Terms of Use if it accepts an order for shipment outside of the United States). DMEscripts reserves the right, without prior notification, to accept or decline any order request for any reason. DMEscripts may require additional verification or information before accepting any order request.

APPLICABLE STATE AND FEDERAL LAW

In the use of this website, you will comply with applicable state and federal law, including without limitation, the Health Insurance Portability and Accountability Act of 1996, as amended, and implementing privacy, security and administrative simplification regulations (collectively, “HIPAA”) and other applicable laws and regulations. Further, in the use of this website on behalf of another person or entity that is a covered entity under HIPAA, you will comply with the policies and procedures regarding confidentiality, privacy, security and integrity of patient information of such covered entity.

PRIVACY POLICY

A complete statement of DMEscripts’s current privacy policy (the “Privacy Policy”) can be found at http://DMEscripts.com/privacy/. You acknowledge that you have read and understand the Privacy Policy. If you provide any personal information of individuals to us through this website, you represent and warrant that you have obtained all necessary consents and authorizations for the processing of such personal information contemplated by the nature of the services provided by DMEscripts.

PROPRIETARY INTERESTS

You have no rights in or relating to this website or any DMEscripts content, data, software, features or services provided on it (collectively, “DMEscripts Site Content”). Except as provided below with respect to DMEscripts Software or as DMEscripts otherwise expressly provides on this website, you may not use, copy, distribute, create derivative works based upon or publicly perform or display any DMEscripts Site Content. If you rightfully download any software from this website, such software, including all files and images contained in or generated by the software, and all accompanying data (collectively, “DMEscripts Software”) are licensed to you under the applicable end user license agreement with respect to such DMEscripts Software or, if such DMEscripts Software is not accompanied by or otherwise subject to a separate end user license agreement, then DMEscripts hereby grants you a nonexclusive, revocable, limited license to the DMEscripts Software for your use solely in connection with this website. DMEscripts does not transfer either the title or the intellectual property rights to the DMEscripts Software, and DMEscripts retains full and complete title to the DMEscripts Software as well as all intellectual property rights therein and all copies thereof. You may not sell, redistribute, reproduce, create derivative works based upon, or publicly perform or display the DMEscripts Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the DMEscripts Software to a human-perceivable form or otherwise reverse engineer the DMEscripts Software. All software that is not DMEscripts Software is provided subject to the software’s user license agreement, and you acknowledge and agree that you are bound by such agreement.

Certain of the trademarks, logos and service marks which may be displayed on this website, including, but not limited to, DMEscripts and DMEscripts E-PRESCRIBE (and Design) (collectively, the “Trademarks”), are trademarks of DMEscripts. All other trademarks, product names, company names and logos not owned by DMEscripts that appear on this website (“Third-Party Trademarks”) are the property of their respective owners. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks or Third-Party Trademarks displayed on this website. You are prohibited from using any of the Trademarks as meta tags without DMEscripts’s prior written consent. Use of the Trademarks or Third-Party Trademarks, or any other content on this website, except as provided in these Terms of Use, is strictly prohibited. You may not copy, publish, modify, disseminate or use this website or its contents for any purpose other than to use the products and services provided by or on this website. Your right to visit this website is at all times subject to revocation by DMEscripts. You are prohibited from framing this website or using frames or framing techniques or technology to enclose any content included on this website without DMEscripts’s prior written consent. When accessing this website, you agree to obey the law and to respect the intellectual property rights of others. Your use of this website is at all times governed by and subject to laws regarding trademark and copyright ownership and use of intellectual property.

COPYRIGHT INFRINGEMENT

If you believe any content on this website infringes your copyright, you or your agent may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing DMEscripts’s designated agent with the following information in writing (see 17 U.S.C. Section 512(c)(3) for further details): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DMEscripts to locate the material; (d) information reasonably sufficient to permit DMEscripts to contact you, such as an address, telephone number, and if available, an email address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to the agent designated by DMEscripts to receive and act on copyright violations under the DMCA, as follows:

DMCA Notices, DMEscripts Attention: Legal Department 26220 Enterprise Court Lake Forest, CA 92630; (949) 587-0096 (fax); info@DMEscripts.com.

If you believe that any material that DMEscripts removed based on a notice of infringement under the DMCA is not infringing, you may send a counter-notice containing the following information to DMEscripts’s designated agent (see 17 U.S.C. Section 512(g)(3) for further detail): (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which DMEscripts or any of its subsidiaries, if any, may be found, and that you will accept service of process from the person who provided notification under these Terms or Use (that is, the person who alleged that your material infringed any copyright) or an agent of such person.

DMEscripts’s policy is to suspend or terminate the account, or the right to access or use this website, or any part of this website, of any person who posts infringing material on this website or who provides any fraudulent or inaccurate take-down notice or counter-notice under the DMCA. However, DMEscripts has no obligation to do so.

USER COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Users of this website may be permitted to upload documentation and to post comments and other content and to submit comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content or communication. DMEscripts reserves the right (but not the obligation) to monitor and edit or remove any activity or content but does not regularly review posted content. If you do upload documentation, post content or submit material, and unless DMEscripts indicates otherwise, you grant DMEscripts a nonexclusive, royalty-free, perpetual and irrevocable right to create derivative works based upon and to use, reproduce, modify, adapt, publish, translate, distribute, and display such documentation, content or material or any derivative works based thereon throughout the world by any means and in any media in accordance with applicable law and DMEscripts’s Privacy Policy. You grant DMEscripts the right (but not the obligation) to use the name that you submit in connection with such content, and you waive any right and agree not to assert that any such use infringes or violates your right of privacy, right of publicity or other right. You represent and warrant that you own or otherwise control all of the rights to the documentation, content and materials that you upload, post or submit; that the documentation, content and materials are accurate; that use of the documentation, content and materials you supply does not violate these Terms of Use or infringe any copyright or other right of any third party and will not cause injury to any person or entity; and that you will indemnify DMEscripts and hold it harmless with respect to all claims, actions, costs, expenses (including reasonable attorneys’ and experts’ fees and costs), loss or damage resulting from the documentation, content or materials you supply. DMEscripts takes no responsibility and assumes no liability for any documentation, content or materials posted by you or any third party.

SITE ACCURACY, AVAILABILITY AND SECURITY

DMEscripts attempts to be accurate. However, DMEscripts does not warrant that products, services or other content of this website are accurate, complete, reliable, current, or error-free. At any time and from time to time, all or any portion of this website may not be available or may not function properly. This website may have and may cause technological problems for any reason, including viruses and other malicious or damaging computer programs. DMEscripts disclaims liability for any interception of data or communications. DMEscripts does not guarantee the security of this website. DMEscripts is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of this website or for any defects, delays or errors in or resulting from your use of this website.

ELECTRONIC COMMUNICATIONS

When you visit this website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically unless you opt out from receiving such communications. We will communicate with you by email or by posting notices to this website. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

CONSENTS, CHANGES, AND APPLICABLE LAW

DMEscripts reserves the right to modify or alter this website and its contents and the policies and conditions that govern the use of this website, including these Terms of Use, at any time. Please review this website and these Terms of Use periodically for any modifications, alterations, or changes. If you visit or otherwise use this website after we change these Terms of Use, the changed Terms of Use will be binding and effective as between DMEscripts and you. However, such changes will not be effective retroactively – that is, with respect to activities before we posted the changes – except to the extent that the changes expressly state otherwise. If you do not visit or use this website after any such change, or if you visit this website just enough to learn of such change and then refrain from any further visit to or use of this website, the changes will not be effective as between DMEscripts and you. Notwithstanding the foregoing, changes required by, or implemented in response to any change in, applicable laws, ordinances or regulations will be effective whether or not you visit this website.

These Terms of Use will be construed and enforced in accordance with the laws of the State of California applicable to contracts entered into and performed in California by residents of California. Except as otherwise specifically provided herein, any action or proceeding between you and DMEscripts or any of its affiliates arising out of or in connection with these Terms of Use or this website or any products or services that you order at this website shall be brought only in a federal or state court located in Orange County, California, and you hereby irrevocably consent and submit to venue in and the personal jurisdiction of such courts for the purposes of litigating any such action.

INTERSTATE NATURE OF COMMUNICATIONS ON WEBSITE

When you use this website, you acknowledge that in using this website to send electronic communications (including but not limited to email and other Internet activities), you will be causing communications to be sent through computer networks, portions of which are located in various locations in the United States. As a result, and also as a result of this website’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, you acknowledge that use of the service results in interstate data transmissions which may transit through the State of California.

GEOGRAPHIC RESTRICTIONS

We control this website from our offices within the United States and we provide this website for use only by persons located within the United States. We make no representation that the content on this website is appropriate, or that access to such content is lawful, in all jurisdictions. If you access this website from outside of the United States, you do so on your own initiative and you are responsible for compliance with applicable laws in jurisdictions from which this site is accessed. By visiting this website and providing us with data, you acknowledge and agree that we may use the data collected in the course of our relationship for the purposes identified in these Terms of Use or in our other communications and agreements with you, including the transmission of information outside your resident jurisdiction. In addition, such data may be stored on servers located in the United States or other countries outside your resident jurisdiction. By providing us with data, you consent to the transfer of such data to, and storage of such data within, the United States or other countries outside your resident jurisdiction, and you waive any rights to control or maintain the integrity of such data afforded by national laws or international treaties. You agree not to provide data at this website or take any other action which is prohibited or restricted by laws of jurisdictions outside of the United States to which you are subject.

AFFILIATED AND THIRD-PARTY SITES

DMEscripts has no obligations or liabilities relating to any third-party websites or materials. If you access any third-party website through this website or otherwise, you do so at your own risk, even if you use a hyperlink that DMEscripts supplies or otherwise learn of the website from DMEscripts or through this website. DMEscripts works with a number of partners and affiliates to whose Internet sites this website may hyperlink. Hyperlinks to or from this website are for the user’s convenience only. DMEscripts’s inclusion of hyperlinks to an Internet site or providing information or recommendations relating to an Internet site does not and should not be construed to mean that DMEscripts endorses or sponsors or is affiliated with that Internet site. DMEscripts makes no guarantees about the accuracy, currency, content, or quality of the information provided by third-party Internet sites, including without limitation any partner or affiliate Internet sites, and DMEscripts assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those Internet sites. Similarly, from time to time in connection with your use of this website, you may have access to content or materials that are owned or supplied by third parties. You acknowledge and agree that DMEscripts makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content or materials.

MONITORING AND REPORTING

DMEscripts may (but is not obligated to) monitor, audit and, subject to its Privacy Policy, record activity on this website for any reason or for no reason and may investigate any complaint or reported violation of DMEscripts’s policies. DMEscripts may report any activity that it suspects may violate any law or regulation to regulators, law enforcement officials or other persons or entities that it deems appropriate and may issue warnings, suspend or terminate use of this website, deny access to all or part of this website or take other action that it deems appropriate. You agree to fully cooperate with any such monitoring, auditing or reporting by DMEscripts.

INDEMNITY

You will indemnify DMEscripts and its affiliates and their respective officers, directors, employees, consultants, agents, and representatives and hold them harmless from any and all claims, actions, losses, liability, demand, damages, and/or costs or expenses (including reasonable attorneys’ and experts’ fees and costs) arising from your violation of these Terms of Use. Any act by anyone accessing this website using your account or your username or password will be deemed to be an act by you for purposes of this paragraph. DMEscripts will notify you promptly of any such claim, action, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending against the same.

CAUTIONARY LANGUAGE REGARDING FORWARD-LOOKING STATEMENTS

This website may contain estimates, projections or other statements that are forward-looking in nature (“Forward-Looking Statements”). Any Forward-Looking Statements are inherently speculative and subject to numerous risks and uncertainties. Actual results and performance may be significantly different from historical experience and present expectations or projections. DMEscripts undertakes no obligation to publicly update or revise any Forward-Looking Statements.

SUSPENSION OR TERMINATION OF USAGE

DMEscripts may suspend or terminate your account, with or without notice, and refuse any and all current and future use of this website, if: (a) you provide any information that is untrue, inaccurate, not current or incomplete, or DMEscripts has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete; or (b) you engage in, or DMEscripts has reasonable grounds to believe that you have engaged in, any conduct that DMEscripts believes is disruptive to this website or is in violation of any applicable law or these Terms of Use. DMEscripts may also terminate your account and access to this website for any other reason.

SEVERABILITY; WAIVER

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

ASSIGNMENT

DMEscripts may transfer or assign in its discretion any obligations, rights or licenses it may have under these Terms of Use. You shall not transfer or assign any rights or licenses granted to you pursuant to these Terms of Use, and any purported assignment or other transfer in violation of this paragraph will be null and void and of no force or effect.

NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to this agreement.

ENTIRE AGREEMENT

You agree that these Terms of Use and the other documents referenced herein (including without limitation, DMEscripts’s Privacy Policy), constitute the entire agreement between you and DMEscripts with respect to use of this website. You also may be subject to additional terms and conditions that may apply when you use certain affiliate or other third-party services, products, content, or software.

DISCLAIMER AND LIMITATION OF LIABILITY

DMEscripts MAKES NO GUARANTEE, REPRESENTATION, OR WARRANTY ABOUT THE COMPLETENESS, CORRECTNESS, RELIABILITY OR ACCURACY OF THE INFORMATION CONTAINED HEREIN. THIS WEBSITE, INCLUDING ALL INFORMATION CONTAINED HEREIN, AND ALL SERVICES, PRODUCTS (INCLUDING WITHOUT LIMITATION, SOFTWARE) AND MATERIALS CONTAINED HEREIN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OR FOR USE AT THIS WEBSITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. DMEscripts HEREBY DISCLAIMS, TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, ALL GUARANTEES, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS WEBSITE AND ITS CONTENTS, OPERATION AND SECURITY AND THE INFORMATION, SERVICES, PRODUCTS (INCLUDING SOFTWARE) AND MATERIALS PROVIDED HEREIN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DURATION OF ANY IMPLIED WARRANTY THAT IS NOT EFFECTIVELY DISCLAIMED WILL BE LIMITED TO NINETY (90) DAYS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

DMEscripts DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING WITHOUT LIMITATION, SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THE SERVER ON WHICH THIS WEBSITE IS LOCATED; OR EMAIL SENT FROM DMEscripts ARE FREE, OR WILL BE FREE, OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT (EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW) SHALL DMEscripts OR ITS AFFILIATES, SUPPLIERS OR VENDORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FOR ANY GOODS OR SERVICES OBTAINED ON OR THROUGH THIS WEBSITE, EVEN IF SUCH ENTITY HAS BEEN ADVISED OR OTHERWISE KNOWS OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THE PROVISIONS OF THESE TERMS OF USE THAT LIMIT LIABILITY, DISCLAIM WARRANTIES, AND/OR EXCLUDE CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OR REMEDIES ARE ESSENTIAL TERMS OF THESE TERMS OF USE THAT ARE FUNDAMENTAL TO THE PARTIES’ UNDERSTANDING REGARDING ALLOCATION OF RISK. ACCORDINGLY, THOSE PROVISIONS WILL BE INDEPENDENT OF ANY OTHER PROVISIONS AND WILL BE ENFORCED REGARDLESS OF ANY BREACH OR OTHER OCCURRENCE RELATING TO THESE TERMS OF USE OR THIS WEBSITE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, AND EXCLUSIONS OF CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OR REMEDIES WILL REMAIN FULLY VALID, EFFECTIVE, AND ENFORCEABLE IN ACCORDANCE WITH THEIR RESPECTIVE TERMS, EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THESE TERMS OF USE TO FAIL OF ITS ESSENTIAL PURPOSE.

FORCE MAJEURE

DMEscripts shall not be liable for any failure to perform any of its obligations under these Terms of Use if its performance of such obligations is substantially hindered due, directly or indirectly, to any circumstance beyond the reasonable control of DMEscripts, including, but not limited to, war, riot, fire, flood, explosion, storm, accident, civil unrest, strike, lockout, trade dispute, labor disturbance, failure of any machine, system of authorization, data processing or communication system or transmission link, act of any governmental agent, department or other entity or act of God. In such an event, DMEscripts may elect to limit or terminate your access to this website.

NO MEDICAL, LEGAL OR FINANCIAL ADVICE

The information supplied through or on this website, or by any employee or agent of DMEscripts, whether by telephone, email, letter, facsimile, or other form of communication, is for informational purposes only and does not constitute medical, legal or other professional advice. Any health-related information provided through this website is not a substitute for medical advice and should not be used to diagnose or treat health problems or to prescribe any medication, medical devices, or other remedies. The information on this website may be presented in conclusory, shorthand, or summary form and is not intended to supplant medical advice provided by a physician or other healthcare provider or any information included by the manufacturer with or on any product. You are solely responsible for the ultimate decision and medical judgment (if applicable) related to the diagnosis and treatment of your patients. The receipt of any questions or feedback that you submit to DMEscripts does not create any privacy interests other than those described in the Privacy Policy. None of the provisions of these Terms of Use are intended to create, nor will they be deemed or construed to create, any relationship between you and DMEscripts other than that of independent parties contracting with each other solely for the purposes of effecting the provisions of these Terms of Use.

Last updated September 18, 2021