Acceptance of Terms; Capacity
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.
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.
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.
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
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.
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
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.
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
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
NO THIRD-PARTY BENEFICIARIES
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.
NO MEDICAL, LEGAL OR FINANCIAL ADVICE
Last updated September 18, 2021