Privacy Policy

 LAST UPDATED: August 17, 2017

Introduction and Scope

TherapeuticsMD, Inc. and vitaCare™ Prescription Services, Inc. (“we”, “our”, or “us”) are committed to protecting your privacy. This Privacy Policy describes the information that we collect through your interactions with us and your use of our website located at www.vitacarerx.com and mobile applications (the “Services”). It also describes how we use and disclose the information that we collect, and the choices you have regarding how that information is used.

By using the Services, you agree to the terms of this Privacy Policy. If you have any questions or concerns about this Privacy Policy, or about the way your information is collected, processed, or used, please contact us as described in the “How to Contact Us” section below.

We may change this Privacy Policy. When we change this Privacy Policy, we will post the revised version to our website. The revised version of this Privacy Policy is effective immediately when we post it to our website. Your use of the Services after we post a revised version of the Privacy Policy means that you accept the revised version.

We understand that your health is a very personal and private subject, and we are committed to maintaining the privacy of your health information. If the information you provide to us through the Services is information about your past, present, or future health or condition, or the dispensing of pharmaceutical products to you, our collection and use of that information is governed by our HIPAA Notice of Privacy Practices. If you are not sure which policy applies to information you have provided to us, please contact us as described in the “How to Contact Us” section below.

Information We Collect

Personally Identifiable Information

We may collect information that uniquely identifies you or can be combined with other information that may uniquely identify you, including your name, date of birth, physical address, e-mail address, phone number, billing and shipping information (including your credit card number), and information related to your prescription (“Personally Identifiable Information”).

We collect Personally Identifiable Information when you provide it to us through the Services, including when you:

• Enter into a transaction with us;
• Register for the Services;
• Provide us with your Personally Identifiable Information because you are interested in receiving information about our products or services, such as e-mail alerts, newsletters, or other notifications;
• Provide us with your credit card number, bank account, or other information in order to process your payment;
• Participate in surveys; or
• Provide Personally Identifiable Information to us over the phone, by e-mail, or any other means you use to contact us or correspond with us.

We may combine the information we collect from you through the Services with information we receive from and about you from other online and offline sources, and may use the combined information in accordance with this Privacy Policy.

Non-Personal Information

We may collect information that does not uniquely identify you, but that otherwise relates to you or your use of the Services. For example, we may collect information about your interaction with the Services, content, and advertising, including information about your computer and connection, which pages you view, your IP address, your browser, or your traffic and usage patterns (“Non-Personal Information”).

We may collect your Non-Personal Information through cookies, web beacons, log files, and similar technologies. “Cookies” are small files that we place on your computer. Your browser can be configured to accept or reject most types of cookies. Please consult your browser’s documentation for more information.

How We Use Collected Information

Personally Identifiable Information

We may use your Personally Identifiable Information to:

• Fulfill your transactions;
• Contact you with information about your transactions;
• Send e-mail alerts, newsletters, or text messages;
• Provide you with customer service;
• Send you marketing communications or administrative information, including through the use of push notifications in our mobile applications;
• Personalize your experience of the Services, including by presenting marketing content tailored to you;
• Facilitate social sharing functionality that you initiate;
• Cooperate with law enforcement. If law enforcement officials or judicial authorities request that we provide Personally Identifiable Information, we may do so. In matters involving claims of personal or public safety or in litigation where the information is pertinent (including to allow us to pursue available remedies or limit the damages that we may sustain), we may use or disclose Personally Identifiable Information, including without court process. We may also use or disclose Personally Identifiable Information to enforce our Terms and Conditions or other agreements, to protect our operations or those of any of our affiliates, or to protect our rights, privacy, safety or property and/or that of our affiliates, you, or others; or
• Investigate security breaches or otherwise cooperate with authorities.

Non-Personal Information

We may use Non-Personal Information for any purpose, including any of the purposes for which we use Personally Identifiable Information, except to the extent limited by applicable law. We may use Non-Personal Information to, among other uses:

• Provide the Services to you or other customers;
• Monitor or improve the Services; or
• Further our business purposes, such as through data analysis, audits, fraud monitoring and prevention, developing the Services and new products and services, determining the effectiveness of our promotional campaigns, and operating and expanding our business activities.

We may also use Non-Personal Information in combination with Personally Identifiable Information. If we do, we will treat the combined information as Personally Identifiable Information as long as it is combined.

Disclosure to Third Parties

We may disclose your Personally Identifiable Information or Non-Personal Information to third parties for any of the permitted uses described above. For example, we may disclose your Personally Identifiable Information or Non-Personal Information to:

• Our service providers or agents, who provide services such as website hosting, data analysis, payment processing, order fulfilment, information technology and related infrastructure provision, customer service, e-mail delivery, auditing, and other services;
• Your friends, contacts or others associated with your social media account, other customers, and with your social media account provider, if you choose to connect your social media account with your customer account or otherwise engage in social sharing on the Services. By connecting your customer account and your social media account, you authorize us to share Personally Identifiable Information and Non-Personal Information with your social media account provider, and you understand that the use of the Personally Identifiable Information and Non-Personal Information we share will be governed by the social media site’s privacy policy;
• Our affiliated businesses or business partners;
• Third parties in connection with the sale or transfer of some or all of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings or by way of merger or other change of control) or as security, or to the extent we engage in business negotiations with third parties, to third parties as part of any such transaction or negotiation; or
• Law enforcement officials, regulatory authorities, or as otherwise required by law.

Actions You Can Take

You can request the removal or modification of the Personally Identifiable Information you have provided to us by sending an e-mail to privacy@vitacarerx.com. For your protection, we may only implement requests with respect to the Personally Identifiable Information associated with the particular e-mail address that you use to send us your request, and we may need to verify your identity and obtain information on the context in which you provided your Personally Identifiable Information before implementing your request. We will try to accommodate your request as soon as reasonably practicable.

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion. There may also be residual information that will remain within our databases and other records, which will not be removed.

You may click the unsubscribe link at the bottom of emails you receive from us to stop receiving emails, and reply STOP to our text messages to stop receiving SMS messages. You may control the receipt of push notifications from our mobile applications through your mobile device settings.

Do-Not-Track Signals

Your browser may allow you to send us a “do-not-track signal” to communicate your privacy preferences to us. The Services do not respond to browser do-not-track signals.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of the Services that are California residents to request certain information regarding our disclosure of Personally Identifiable Information to third parties for their direct marketing purposes. To make such a request, please contact us as described in the “How to Contact Us” section below.

Your Responsibility

If you submit any personal information relating to other people in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

By establishing an account with us, you agree that it is your responsibility to:

• Authorize, monitor, and control access to and use of your account, your access credentials, and your password; and
• Promptly inform us of any need to deactivate a password or an account by contacting us as described in the “How to Contact Us” section below.

Security

We seek to use reasonable physical, technical, and administrative safeguards to protect Personally Identifiable Information. Unfortunately, no Internet-connected system is 100% secure. If you have reason to believe that your account has been compromised or that the Services are otherwise no longer secure, please immediately contact us as described in the “How to Contact Us” section below.

Who May Use the Services

The Services are not directed to users under the age of 13. We do not knowingly collect personal information online from any person we know to be under the age of 13, and users under 13 must not send any information to or through the Services.

The Services are designed for users from, and are controlled and operated by us from, the United States. By using the Services, you consent to the transfer of your information to the United States, which may have different data protection rules than those of your country.

Other Websites

The Services may contain links to, or otherwise make available, third-party websites, services, or other resources not operated by us or on our behalf (“Third-Party Services”). These links are provided as a convenience only and do not constitute an affiliation with, endorsement of, or sponsorship of the Third-Party Services. Any information you provide to or through such Third-Party Services is not governed by this Privacy Policy, and we are not responsible for the privacy or security of such information. You should review the privacy policy of any third party to whom you provide information online.

How to Contact Us

If you have any questions or concerns about this Privacy Policy, please email us at privacy@vitacarerx.com or call us toll-free at 1-800-350-3819, option 6, Monday through Friday between 8:00am and 10:00pm EST, or Saturday between 9:00am and 3:00pm EST.

You may also contact us at the following address:

vitaCare Prescription Services, Inc.
Attn: Privacy Department
6800 Broken Sound Parkway NW
Suite 100
Boca Raton, FL 33487

HIPAA Notice of Privacy Practices

LAST UPDATED: August 17, 2017

VitaCare™ Prescription Services, Inc. (“VPS” or “we”) is required to provide you with this HIPAA Notice of Privacy Practices (“Notice”), which explains our legal duties and privacy practices with respect to protected health information (“PHI”). We are also required, as described below, to maintain the privacy of your PHI, abide by the terms of this Notice (as currently in effect), and notify you following a breach of unsecured PHI.

This Notice describes, in accordance with the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy Rule, how VPS may use and disclose your PHI to carry out treatment, payment or health care operations and for other specific purposes that are permitted or required by law.  The Notice also describes your rights with respect to your PHI.

Uses and Disclosures of PHI for Treatment, Payment and Health Care Operations Purposes

We are permitted to make certain types of uses and disclosures of your PHI, without your authorization, for treatment, payment, and health care operations purposes.

• We may use and disclose your PHI to treat you. For example, we may receive written, verbal, facsimile or electronic health information and prescription orders for you and will use PHI to have prescription medications dispensed to you. We may also disclose your information to other health care providers to coordinate your treatment and provide you with prescriptions, lab work or other health care.  We may contact you to provide treatment-related services, such as refill reminders, treatment alternatives, and other health related benefits and services that may be of interest to you.
• We may use and disclose your PHI to obtain payment for products and services. For example, we may use your PHI to determine responsibility for coverage and benefits, assist in making eligibility and coverage determinations, or for utilization review activities.
• We may use and disclose your PHI to carry out health care operations. For example, we may use your PHI to conduct quality assessment and improvement activities, provide training, conduct medical reviews and auditing functions, including fraud and abuse detection and compliance programs, and engage in business planning and development.

Other Uses and Disclosures that are Permitted or Required by the HIPAA Privacy Rule

We may disclose to one of your family members, to a relative, to a close personal friend, or to any other person identified by you, PHI that is directly relevant to the person's involvement with your care or payment related to your care.  You have the right to agree or object to such disclosure.  In addition, we may use or disclose the PHI to notify a member of your family, your personal representative, another person responsible for your care, or certain disaster relief agencies of your location, general condition, or death.  However, if you are incapacitated, there is an emergency, or you otherwise do not have the opportunity to agree to or object to this use or disclosure, we will do what in our judgment is in your best interest regarding such disclosure and will disclose only the information that is directly relevant to the person's involvement with your health care.

We may enter into contracts with some entities known as Business Associates that perform services for us.  We may disclose PHI to our Business Associates so that they can perform their services and we require them by contract to limit disclosures of PHI and appropriately safeguard PHI.

In addition, we may use or disclose your PHI without your authorization as required or permitted by federal or state law, including uses and disclosures that are:

• required by law, provided the use or disclosure complies with and is limited to the relevant requirements of such law;
• for public health activities such as disease prevention or control or to report reactions to medications or problems with products;
• to an appropriate government authority regarding victims of abuse, neglect or domestic violence;
• to a health oversight agency for oversight activities authorized by law including for example, audits, investigations, inspections and licensure necessary for oversight of government programs utilizing health information;
• in connection with judicial and administrative proceedings provided efforts have been made to notify you of the request or to obtain an order protecting the information requested;
• to a law enforcement official for law enforcement purposes provided certain conditions are met;
• to a coroner, medical examiner or funeral director for specific purposes;
• to cadaveric organ, eye or tissue donation programs to facilitate donations;
• for research purposes, as long as certain privacy-related standards are satisfied;
• to avert a serious threat to health or safety;
• for specialized government functions (e.g., military and veterans activities, national security and intelligence, federal protective services, medical suitability determinations, correctional institutions and other law enforcement custodial situations); and
• for workers’ compensation or other similar programs established by law that provide benefits for work-related injuries or illness without regard to fault.

Uses and Disclosures of PHI with Your Written Authorization

Certain uses and disclosures of PHI require your authorization, such as any use or disclosure of psychotherapy notes, the use or disclosure of PHI for marketing purposes, and the sale of PHI. Other uses and disclosures not described in this Notice will be made only with your written authorization, and you may revoke your authorization in writing at any time.  Upon receipt of the written revocation, we will stop using or disclosing PHI about you, except to the extent that we have already taken action in reliance on the authorization.

More Stringent Laws

We also may be subject to state health information privacy laws that are more stringent than the federal requirements.  If your state has a more stringent law, we are required to follow that law, and will do so.

Your Rights

You have the following rights with respect to your PHI:

• Request a Restriction. You have the right to request that we restrict uses and disclosures of your PHI to carry out treatment, payment, or health care operations, or restrict uses and disclosures to family members, relatives, friends, or other persons identified by you who are involved in your care or payment for your care.  While you are permitted to make this request, we are not required to agree to such requests and therefore do not do so, with one exception.  Specifically, if you request the restriction of a disclosure to a health plan that is (i) made for the purpose of carrying out payment or health care operations, and is not otherwise required by law and (ii) the PHI relates solely to a health care item or service for which you have paid out of pocket in full, then we will honor your affirmative request not to disclose that information to a health plan;
• Confidential Communications. You have the right to request, in writing, that you receive your PHI by alternative means or at an alternative location.  We will accommodate reasonable requests;
• Access PHI. You have the right to inspect and copy your PHI.  We may charge you a reasonable, cost-based fee for the labor and supplies associated with making the copy, whether on paper or in electronic form;
• Amend PHI. You have the right to amend and correct inaccurate PHI;
• Accounting of Disclosures. You have the right to receive an accounting of certain disclosures of your PHI (you are not entitled to an accounting of disclosures made for treatment, payment or health care operations, or disclosures made pursuant to your written authorization);
• Electronic Copy. You have the right to receive a paper copy of this Notice upon request, even if you agreed to receive the Notice electronically.

Updates to this Notice

We reserve the right to change the terms of this Notice and to make the new Notice provisions effective for all PHI we maintain.  When we make changes in our Notice, copies of the revised Notice will be available on written request and will also be available on our web site. 

Complaints

If you believe that your privacy rights have been violated, you may complain to us in writing (using the contact information set forth above) or to the Department of Health and Human Services’ Office for Civil Rights at the appropriate regional address or at their website at: https://ocrportal.hhs.gov/ocr/smartscreen/main.jsf. You will not be retaliated against for filing a complaint.

How to Contact Us

If you would like to exercise your rights described in this Notice or if you have questions or would like additional information about our privacy practices, please email us privacy@vitacarerx.com or call us toll-free at 1-800-350-3819, option 6, Monday through Friday between 8:00am and 10:00pm EST, or Saturday between 9:00am and 3:00pm EST.

You may also contact us at the following address:

vitaCare Prescription Services, Inc.
Attn: Privacy Department
6800 Broken Sound Parkway NW
Suite 100
Boca Raton, FL 33487

vitaCare™ Prescription Services Terms of Use

LAST UPDATED: August 17, 2017

These Terms of Use constitute a legal contract between you and vitaCare Prescription Services, Inc. (“VPS”, “we”, “our”, or “us”) and, together with the Privacy Policy and HIPAA Notice of Privacy Practices (collectively, these “Terms”), govern your access to and use of our website and mobile applications (the “Services”).

Please read these Terms carefully before accessing or using the Services. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.

We may revise these Terms from time to time in our sole discretion without notice. If we revise these Terms, we will post such revised Terms to our website, and such revised Terms shall be effective immediately upon such posting. By accessing or using the Services after we post such revised Terms, you agree to be bound by such revised Terms.

General Terms

Eligibility

The Services are available to users who are 13 years of age or older. By accessing or using the Services, you represent and warrant that you are 13 years of age or older.

The Services are for personal, non-commercial use only.

The Services are available for use only by persons located in the United States. We make no claims that the Services or any of the Services Content (as described below) are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with applicable laws.

Termination

We may terminate or suspend your access to or use of all or part of the Services at any time, for any or no reason, including, without limitation, for any violation of these Terms.

Clinical Information

Any clinical information residing on the Services is intended solely for your educational and informational purposes. Such information is not intended as a substitute for a consultation with your physician, and should not be used to diagnose or treat a health problem without consulting your physician. In no event shall we be liable for any decision made or action taken in reliance on the information contained on the Services, and you shall not directly or indirectly make any claim against us, our affiliates, our licensors, our service providers, or our or their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (the “Related Parties”) with respect thereto.

Access to the Services

Subject to the terms and conditions of these Terms, you may access and use the Services for your personal, noncommercial use.

We reserve the right to withdraw or amend the Services or any portion thereof in our sole discretion without notice. We shall not be liable if for any reason all or any portion of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Services.

To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your access to or use of the Services that all information you provide to us is correct, current, and complete.

If you choose, or are provided with, a user name, password, or any login or access credentials (your “Credentials”), you must treat such information as confidential, and you must not disclose your Credentials to any other individual or entity. You acknowledge that your account is personal to you and agree not to provide your Credentials to any other person. You agree to notify us immediately of any unauthorized use of your Credentials or any other breach of security. You agree to ensure that you exit from your account at the end of each session.

Intellectual Property

Ownership

Except as otherwise expressly stated, all content, features, and functionality included in or accessible through the Services (including, without limitation, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, the “Services Content”) are owned by us, our licensors, or other third-party content providers, and such Services Content is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All rights not expressly granted in these Terms of Services are expressly reserved.

Trademarks

“vitaCare™ Prescription Services”, our logos, and all related names, logos, product and service names, designs, and slogans are trademarks of VPS or our affiliates or licensors. You may not use any of the foregoing without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Acceptable Use

Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, publicly display, publicly perform, reproduce, reuse, post, republish, license, frame, download, store for subsequent use, create derivative works of, transfer, or sell any of the Services Content, in whole or in part, without our prior written authorization. Any unauthorized use of the Services Content is a breach of these Terms and may violate United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. If you use any of the Services Content without authorization, or beyond the scope of your authorization, your right to access and use the Services shall immediately terminate.

Copyright and DMCA Policy

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement if such notices comply with applicable law. If you believe any materials accessible through the Services infringe your copyright, you may request removal of such materials from the Services by submitting written notification to us as described in the “Contact Us” section below.

Notices that fail to comply with all of the requirements of Section 512(c)(3) of the Digital Millennium Copyright Act (17 U.S.C. § 512; the “DMCA”) may not be honored.

If you knowingly and materially misrepresent that material on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

We will terminate these Terms and your access to the Services if you repeatedly post material that infringes on third parties’ copyrights.

Links to and from the Services

Links from the Services

If the Services contain links to websites and resources provided by third parties (including, without limitation, links contained in advertisements, including banner advertisements, and sponsored links), such links are provided for your convenience only. We have no control over the contents of such third-party websites or resources, and accept no responsibility for such third-party websites or resources or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites or resources linked to from the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or resources.

Linking to the Services

You may link to the homepage of the Services, provided you do so in a way that is fair and legal and does not damage our reputation. You may not establish a link to the Services in such a way as to suggest any form of association, approval, or endorsement on our part. You agree to cooperate with us in preventing or ceasing any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice.

Disclaimer of Warranties

Services Provided “As Is”

Your use of the Services is at your own risk. EXCEPT AS PROHIBITED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICES (AND YOUR ACCESS TO OR USE OF THE SERVICES) IS OR WILL BE SECURE, PRIVATE, ERROR-FREE, UNINTERRUPTED, NON-INFRINGING, COMPLIANT WITH LAW, FREE OF HARMFUL OR OFFENSIVE CONTENT OR COMPONENTS, OR INTEROPERABLE WITH ANY THIRD-PARTY DEVICE, CONTENT, OR SERVICE. WE EXPRESSLY DISCLAIM LIABILITY FOR CLAIMS RELATED TO ANY OF THE FOREGOING CIRCUMSTANCES. YOU ASSUME ALL RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, AND LEGALITY OF ANY INFORMATION YOU SUPPLY TO US.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Non-Reliance on Information

The information presented on or through the Services is made available solely for general information purposes. We do not represent, warrant, or covenant to the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability or responsibility arising from your reliance on such materials.

The Services may include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in such content are solely the opinions and the responsibility of the third party providing such materials. Such materials do not necessarily reflect our opinion. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

Limitation of Liability; Indemnification

Limitation of Liability

THE RELATED PARTIES SHALL NOT BE LIABLE FOR ANY ERRORS IN THE SERVICES OR ANY SERVICES CONTENT, OR FOR ANY ACTION TAKEN IN RELIANCE THEREON. FURTHERMORE, THE RELATED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY INTERCEPTION OF ONLINE COMMUNICATIONS, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING, WITHOUT LIMITATION, VIRUSES, LOSS OF DATA, OR COMPATIBILITY CONFLICTS), OR OTHER CONSEQUENCE BEYOND OUR REASONABLE CONTROL. ANY LIABILITY OF THE RELATED PARTIES TO YOU FOR DAMAGES, INJURIES, LOSSES, AND CAUSES OF ACTION, OF ANY KIND OR NATURE, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, SHALL BE STRICTLY LIMITED TO THE AGGREGATE DOLLAR AMOUNT PAID BY YOU TO US IN YOUR MOST RECENT USE OF THE SERVICES IMMEDIATELY PRIOR TO THE CLAIMED INJURY, LOSS, OR DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN LIABILITIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless the Related Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, without limitation, your User Contributions and any use of the Services Content, in each case other than as expressly authorized in these Terms.

Miscellaneous

Privacy

All information we collect through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

Arbitration

You and VPS agree that any disputes between you and us will be resolved through binding and final arbitration instead of through court proceedings. All controversies, claims, counterclaims, or other disputes arising between you and us relating to these Terms or the Service, (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and VPS agree that the arbitration will be kept confidential and that the existence of the proceeding and all elements of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged, and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies. You and VPS hereby waive any right to a jury trial of any Claim.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you or VPS from seeking action by federal, state, or local government agencies. You and VPS also have the right to bring qualifying claims in small claims court. In addition, you and VPS retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor VPS may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

This “Arbitration” section of these Terms will survive the termination of your relationship with us.

Our affiliates and third-party providers are third-party beneficiaries to these Terms (and may enforce any of the provisions and protections hereof, including, without limitation, the foregoing arbitration provision).

THIS “ARBITRATION” SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR VPS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Governing Law and Jurisdiction

By accessing or using the Services, you agree that all matters relating to your access to and use of the Services (including non-contractual disputes or claims) shall be governed by the laws of the State of Florida, without regard to the conflict of laws principles thereof. You and VPS specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. Any legal action or proceeding arising out of or related to your access to or use of the Service or these Terms, except where such legal action or proceeding is submitted to arbitration as described in the “Arbitration” section above, shall be instituted exclusively in the applicable state or federal courts of the State of Florida, and you agree and hereby submit to the exclusive personal jurisdiction and venue thereof.

Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of VPS to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Severability

If any of the terms or conditions of these Terms are determined to be void, unlawful, or unenforceable, the validity and enforceability of the remaining terms and conditions shall not thereby be affected or impaired.

Entire Agreement

These Terms constitute the sole and entire agreement between you and us with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, warranties, and covenants, both written and oral, with respect to the Services.

Contact Us

If you have any questions or concerns about these Terms, please email us at legal@vitacarerx.com or call us toll-free at 1-800-350-3819, option 6, Monday through Friday between 8:00am and 10:00pm EST, or Saturday between 9:00am and 3:00pm EST.

You may also contact us at the following address:

vitaCare Prescription Services, Inc.
Attn: Legal Department
6800 Broken Sound Parkway NW
Suite 100
Boca Raton, FL 33487