Terms of Use

 

Effective Date / Last Updated: August 18, 2020

 

These Terms of Use (“Terms”) govern your access to and use of the website www.kormanhealthcare.com and all related pages, information, databases, portals, materials and services (collectively, the “Site”), made available to you by Korman Healthcare (“Korman,” “we,” “us,” or “our”).

 

BY ACCESSING OR USING THE SITE, YOU (“YOU”) AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND OUR PRIVACY POLICY.  IF YOU DO NOT AGREE WITH THESE TERMS OR OUR PRIVACY POLICY, DO NOT ACCESS OR USE THE SITE.

 

We may modify these Terms at any time.  All changes will be effective immediately upon posting to the Site.  Material changes will be conspicuously posted on the Site or otherwise communicated to you.  By using the Site after changes are posted, you agree to those changes.

 

 1. Privacy Policy.  We may collect certain information about you and about your use of the Site as described in our Privacy Policy, which is incorporated into these Terms.  The Privacy Policy describes our information collection, use, and sharing practices.  If you do not agree to any terms in our Privacy Policy, do not access or use the Site.

 

2. Content.  The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of Korman or, as applicable, its vendors or licensors.  Except for the rights expressly granted to you in the next section, Korman reserves all other rights in and to the Site and Content, including all intellectual property rights.

 

3. Use Rights.  You may only use the Site or Content for your personal, non-exclusive use in the United States, so long as you comply with these Terms, the Privacy Policy, all other terms posted throughout the Site as applicable to you (if any), and all applicable laws.  You may only use the Site and the Content for their intended purposes for which they are made available to you by Korman.

 

4. Use of Marks.  Korman owns certain trademarks, names, logos, insignia, or service marks (“Marks”).  You do not have the right to use any Marks except as expressly agreed to in writing by Korman.  In addition, the Site may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners.  Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third-party’s consent.

 

5. Intellectual Property Rights.  The Site and Content are protected by copyright, trademark, and other intellectual property laws.  Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Korman or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.

 

6. Compliance with Laws.  In connection with your access to and use of the Site, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.

 

7. Viruses.  You must use up-to-date, commercially standard, anti-virus software on any computer or device used by you to access the Site.  We are not liable for any virus you might receive from our Site or links on our Site, and you access our Site at your sole risk.

 

8. Accounts.  The Site allows you to request refill of your prescriptions.  You will be required to set up an account in order to use certain areas of the Site.  You will be required to submit certain information in order to set up your account and will be required to establish a username and password.  You must provide accurate information when setting up an account with us and keep all account information current.

 

You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all uses of your password and account, including any unauthorized use.  You agree to:  (a) keep your password confidential and not share it with anyone else, and (b) immediately notify us of any unauthorized use of your password or account.

 

You acknowledge and agree that we are authorized to act on instructions received through use of your password and account, and that we may, but are not obligated to, deny access or block any transaction made through use of your password or account without prior notice if we believe your password and account are being used by someone other than you, or for any other reason.

 

9. Restrictions on Your Use of the Site.

 

    • You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or Content without Korman’s prior written consent.

 

    • You will not use the Site for unlawful purposes.

 

    • You will not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site.

 

    • You will not engage in data mining or similar data gathering or extraction activities from the Site.  You will not use the Site to harvest email addresses, names or other information of the users of the Site or to spam other users of the Site.

 

    • You will not access, use, or copy any portion of the Site or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.

 

    • You will not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Site, the servers used to make the Site available, or any other network, computers, hardware, software or systems.

 

    • You will not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.

 

    • You may not frame, mirror or circumvent the navigational structure of any part of the Site.

 

    • You may not upload, distribute, transmit, or post anything to or through the Site that:  (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.

 

    • You may not engage in any conduct while using the Site that Korman considers inappropriate, unauthorized, or contrary to the intended purpose of the Site.

 

10. Feedback and Other Content Submitted By You.  If you submit comments or feedback to us regarding the Site or its Content, or any other comments, questions, requests, content or information that is not personal information (“Feedback”), we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

 

11. Social Media.  Links to Korman’s social media pages (e.g., Twitter) are included on the Site (“Social Media Pages”).  Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect Korman’s views.  We reserve the right to remove anything from our Social Media Pages, in our sole discretion.  We may also take steps to block users from access to our Social Media Pages who violate these Terms.  If we follow, like, re-tweet, favorite, share, or re-post an individual’s content on our Social Media Pages, that is not an endorsement of that third party or any service or company they represent.

 

12. Text Messaging.  We offer access to Korman’s text messaging program in order for you to receive health care messages via SMS (Short Message Service) text alerts on your mobile phone from Korman and our affiliates, partners, and independent contractors assisting with our text message program (collectively, “Korman Healthcare Entities”). By providing your mobile number and enrolling in our text message program, you certify that (a) you are the account holder and consent to enroll, or have the account holder’s consent to enroll and (b) you are 18 or older.

 

This text messaging program is a subscription service. We will not charge you for this service, but YOUR SERVICE PROVIDER'S MESSAGE AND DATA RATES MAY APPLY. You are solely responsible for all message and data charges that you incur. Please contact your participating mobile service provider about such charges. Text messaging may not be available via all wireless providers. We do not guarantee the successful delivery of text messages by your wireless provider.

 

By agreeing to receive text messages, you understand and agree that Korman Healthcare Entities may use an automatic dialing system to deliver text messages to you. Once you enroll in this text-messaging program, the frequency of informational alerts you will receive will vary by your prescription activity, the services you receive, or your transactions with Imprimis. You will typically receive an alert when we have information for you about your prescriptions, treatment, benefits, or account.

 

You agree that text messages may include protected health information (e.g., the name of your prescription). Whoever has access to the mobile phone or carrier account will also be able to see this information. You acknowledge and understand that SMS text messages are not a secure means of communication, and any protected health information that may be contained in text messages to you will not be encrypted. This means that there is risk that the protected health information contained in text messages could be intercepted and read by or disclosed to, unauthorized third parties. Use of alternative and more secure methods of communication with Korman, such as telephone, fax, or the U.S. Postal Service are available to you. If you do not wish to accept the risks associated with unencrypted SMS text messages, please follow the instructions below to opt out of this service.

 

WE WILL NOT BE LIABLE FOR LOSSES OR DAMAGES ARISING FROM (A) NON-DELIVERY, DELAYED DELIVERY, OR MISDIRECTED DELIVERY OF A TEXT MESSAGE; (B) INACCURATE OR INCOMPLETE CONTENT IN A TEXT MESSAGE; OR (C) USE OR RELIANCE ON THE CONTENT OF ANY TEXT MESSAGE FOR ANY PURPOSE.  FURTHER. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF TEXT MESSAGING WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

If you no longer want to receive text messages from us, the sole and exclusive remedy is to end enrollment in the text messaging program. You may opt out of this service at any time. To stop receiving text alerts  call 800-306-8641. For questions, contact us at 800-306-8641.

 

We reserve the right to terminate this service, in whole or in part, at any time without notice.

 

13. No Medical Advice.  No information contained or accessible through the Site should be construed as taking the place of your physician’s, pharmacist’s or other qualified healthcare professional’s advice.  We are not responsible for any reliance or decisions made by you based on the information made available through the Site.  The Site should not be used for urgent healthcare matters.  If you are experiencing an urgent health care matter or otherwise need immediate medical attention, please contact your healthcare provider or call 911.

 

You should check product information, including package inserts, for information on proper use, dosage, precautions, warnings, side effects, and contraindications before administering or using any prescription product filled or refilled via the Site.

 

14. NO WARRANTY.  THE SITE AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KORMAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.

 

KORMAN MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE SITE IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED.  KORMAN DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR CONTENT.  KORMAN DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.

 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.

 

15. LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KORMAN OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, VOLUNTEERS, AGENTS, SUPPLIERS, ATTORNEYS OR LICENSORS (TOGETHER, “KORMAN PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A KORMAN PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.

 

YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE OR CONTENT.

 

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE KORMAN PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

 

16. INDEMNIFICATION.  YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE KORMAN PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE.  WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION). 

 

17. Third-Party Websites and Content.  The Site may link to, or be linked to, websites not maintained or controlled by Korman.  Those links are provided as a convenience to the visitors of our Site.  Korman is not responsible for examining or evaluating the content or accuracy of third-party websites linked through the Site.  Korman does not warrant or endorse any third-party website or any products or services made available through those websites.  When leaving the Site, it is the terms and privacy policy of that thirdparty that govern your use of third-party site (and such third-party’s use or your personal information), not these Terms.

 

The Site may also contain certain third-party Content.  We provide third-party content for your convenience, not as an endorsement.  The presence of third-party Content does not mean that Korman has reviewed the third-party Content or that there is any association between Korman and any third party.  You access third-party Content at your sole risk.  Korman has no responsibility for any third-party Content.  Nothing in these Terms grants you any rights to any third-party Content.

 

18. Linking to the Site. You are prohibited from linking to the Site on your website or elsewhere without the prior express written consent of Korman.  If Korman grants you a right to link to the Site, certain terms may apply and Korman reserves the right to revoke such consent at any time.  You are responsible for any costs incurred by Korman in enforcing its rights under this section.

 

19. Use in the United States.  The Site is intended for use in the United States only.  We do not guarantee that use of the Site will be available or permitted in any location other than the United States.  If you choose to access the Site from a location other than the United States, you do so at your own risk.

 

THE EXISTENCE OF THE SITE OR ANY CONTENT SHALL NOT BE CONSTRUED AS KORMAN OR THE KORMAN PARTIES OFFERING SUCH SITE OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH SITE OR CONTENT IS PROHIBITED BY LAW.

 

20. Termination.  If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site or Content, and we may restrict your access to the Site or Content.  Korman may suspend or terminate the Site or any Content, in whole or in part, at any time in its sole discretion for any reason.  Korman shall not be liable to you or anyone else for any damages arising from or related to Korman’s suspension or termination of your access to the Site or the Content, or in the event Korman modifies, discontinues or restricts the availability of the Site or the Content (in whole or in part).

 

21. Site Unavailability.  Without limiting the generality of the previous section, the Site or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.

 

22. Cooperation with Law Enforcement.  Korman will cooperate with law enforcement if you are suspected of having violated applicable laws.  YOU WAIVE AND HOLD KORMAN AND THE KORMAN PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.

 

23. Disputes.  These Terms, and your access to and use of the Site, are governed by the laws of the State of Arizona, without regards to its conflict of laws principles.  Venue is exclusively in the state or federal courts, as applicable, located in Phoenix, Arizona.  The parties expressly agree to the exclusive jurisdiction of those courts.  Any cause of action or other claim brought by you with respect to the Site or Content must be commenced within one year after the cause of action or claim arises.

 

24. Assignment.  We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you.  You may not assign your rights or delegate your duties under these Terms without our prior written consent.  These Terms inure to the benefit of Korman’s successors and assigns.

 

25. Entire Agreement.  These Terms, the Privacy Policy, and any terms posted throughout the Site (if any) are the entire agreement between you and Korman with respect to your access to and use of the Site.  In the event of conflict between these Terms and our Privacy Policy, our Privacy Policy will control.

 

26. Waiver.  Korman’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.  Any waiver of any provision of these Terms will be effective only if in writing and signed by Korman.

 

27. Severability.  If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect.  The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

 

28. Contact Us.  Please direct any questions and concerns regarding these Terms to us at:

 

Korman Healthcare

5783 West Erie Street

Chandler, Arizona 85226

Phone: (480) 365-0222

E-mail: info@box2394.temp.domains

Scroll to Top