Terms of Use
Effective Date: January 1, 2020
If you are experiencing a medical emergency, dial 911 and/or seek immediate attention from a health care provider. This website does not provide medical advice.
1. Legal Agreement. This is a legal agreement between you (including yourself and any other entity or person on whose behalf you are using this website, and all others who may have rights through you) and Prime Therapeutics LLC (“Prime,” “Us,” “We,” or similar terms, and in all cases including our current or future divisions and subsidiaries) the company that operates this website. You agree to the Terms of Use (or the “Agreement”), as well as the most recent version of our Privacy Policy, by doing any of the following: (a) visiting any page of this website; or (b) clicking the “I agree” box or a similar box in conjunction with creating an account, registering, or logging in to this website. If you are a parent or guardian, you are also agreeing on behalf of all others, including children/minors, whose information you submit to us. If you disagree with one or more of these terms or find them unacceptable in any way, do not use the website.
These Terms of Use are in addition to and supplement any other agreement between you and Prime. These Terms of Use apply to your use of this website as well as any and all other websites operated by Prime, unless such other website(s) have additional or different terms that directly conflict with these Terms of Use, in which case such additional or different terms shall control as to such other website(s).
2. Limitations on Your Use of the Website. You agree that in your use of the website: (a) You may not intentionally post, create, upload or transmit any software or other material which contains a virus or other harmful code or device; (b) You will not impersonate any other person or use a false identity (the name of some other person or entity); (c) You are responsible for all postings or other activity performed using your username and password; (d) You will not access or attempt to access the account of any other person, or any other area or section of this website that is restricted and to which you have not explicitly been granted access; (e) You will not take any action designed to interfere with the operation of this website.
3. License to Your Materials. All information, comments, postings, photos, videos, chat or other items submitted by you to us through the website or on non-private portions of the website are collectively referred to as “Your Materials”. When you upload or otherwise submit Your Materials to our website, you give us a worldwide, perpetual, unlimited, non-exclusive, transferable, sub-licensable, royalty-free, license to use, host, store, reproduce, modify, create derivative works, communicate, and distribute Your Materials in any form or format. This license is for the purpose of operating, promoting, and improving the website and our business, and permitting us to work with and share Your Materials with others as necessary to operate the website and as consistent with our Privacy Policy. This license continues even if you stop using the website and this Agreement terminates. Some aspects or features of the website may provide an opportunity to remove or delete some or all of Your Materials, however you understand and agree that such features may not be effective. If you have specific concerns regarding Your Materials, please contact us as described below.
4. Website Is Provided AS-IS. THE WEBSITE IS PROVIDED AS-AVAILABLE AND AS-IS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAY DISCONTINUE OR ALTER ALL OR A PORTION OF THE WEBSITE AND ANY RELATED SERVICES AT ANY TIME WITHOUT NOTICE. WE MAY ALSO SUSPEND OR TERMINATE ANY USER’S ACCOUNT AT ANY TIME FOR ANY REASON OR NO REASON. IN THE EVENT THE WEBSITE CONTAINS ANY PRICING ERRORS, INACCURATE OR OUTDATED INFORMATION, OR OTHER ERRORS, WE RESERVE THE RIGHT TO CORRECT SUCH ERRORS AND ARE NOT REQUIRED TO HONOR ANY PRICING OR OTHER ERRORS. ALTHOUGH THE WEBSITE MAY PROVIDE LINKS TO THIRD PARTY WEBSITES OR SERVICES, WE DO NOT ENDORSE AND ARE NOT LIABLE FOR ANY SUCH THIRD PARTY ITEMS OR SERVICES.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE WEBSITE OR FOR ANY ACT OR OMISSION BY US RELATED TO THE WEBSITE AS WELL AS ANY RESULTING ALLEGED INJURY OR DAMAGE IS TO STOP USING THE WEBSITE.
YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF US (INCLUDING OUR OWNERS, EMPLOYEES, AFFILIATES, OR VENDORS) BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
IF YOU ARE DISSATISFIED WITH OR INJURED BY ANY SERVICE OR ITEM RECEIVED FROM OR PROVIDED BY A THIRD PARTY IN CONJUNCTION WITH YOUR USE OF THE WEBSITE (FOR EXAMPLE IF YOU HAVE A NEGATIVE REACTION TO A DRUG), WE ARE NOT RESPONSIBLE FOR SUCH ITEM, AND YOUR SOLE AND EXCLUSIVE REMEDY IS TO PURSUE SUCH MATTER WITH THE THIRD PARTY SUPPLYING OR MANUFACTURING SUCH ITEM. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY SECTION AND THE SECTION BELOW, WE WOULD NOT PROVIDE THE WEBSITE, THE SERVICES OR THE CONTENT TO YOU.
IF ANY OF THE ABOVE OR BELOW LIMITATIONS OR DISCLAIMERS ARE NOT PERMITTED IN ANY PARTICULAR STATE OR JURISDICTION, THEN SUCH ITEM IS DEEMED AMENDED AS MINIMALLY NECESSARY FOR LEGAL COMPLIANCE, OR IF AMENDMENT IS NOT POSSIBLE THEN SUCH ITEM IS DEEMED DELETED AND THE REMAINDER OF THIS AGREEMENT REMAINS IN FULL FORCE AND EFFECT.
5. Not Medical Advice. Health Information Disclaimer.
THIS WEBSITE IS DESIGNED TO OFFER YOU GENERAL HEALTH INFORMATION FOR EDUCATIONAL PURPOSES ONLY. THE HEALTH INFORMATION FURNISHED ON THIS WEBSITE AND THE INTERACTIVE RESPONSES ARE NOT INTENDED TO BE PROFESSIONAL ADVICE AND ARE NOT INTENDED TO REPLACE PERSONAL CONSULTATION WITH A QUALIFIED PHYSICIAN, PHARMACIST OR OTHER HEALTH CARE PROFESSIONAL. YOU MUST ALWAYS SEEK THE ADVICE OF A PROFESSIONAL FOR QUESTIONS RELATED TO YOUR DISEASE, DISEASE SYMPTOMS, AND APPROPRIATE THERAPEUTIC TREATMENTS. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROVIDER IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEBSITE.
PRIME DOES NOT MAKE ANY WARRANTY THAT THE CONTENT ON THIS WEBSITE SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. THE CONTENT WAS DEVELOPED FOR USE IN THE U.S. NEITHER OUR CONTENT PROVIDERS NOR WE MAKE ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY. WHILE INFORMATION ON THIS WEBSITE HAS BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, NEITHER OUR CONTENT PROVIDERS NOR WE WARRANT THE ACCURACY OF CODES, PRICES OR OTHER DATA CONTAINED ON THIS WEBSITE.
PRIME DOES NOT GIVE MEDICAL ADVICE, NOR DO WE PROVIDE MEDICAL OR DIAGNOSTIC SERVICES. MEDICAL INFORMATION CHANGES RAPIDLY. NEITHER OUR CONTENT PROVIDERS NOR WE GUARANTEE THAT THE CONTENT COVERS ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, DRUG INTERACTIONS, OR ADVERSE EFFECTS THAT MAY BE ASSOCIATED WITH ANY THERAPEUTIC TREATMENTS.
YOUR RELIANCE UPON INFORMATION AND CONTENT OBTAINED BY YOU AT OR THROUGH THIS WEBSITE IS SOLELY AT YOUR OWN RISK. NEITHER OUR CONTENT PROVIDERS NOR WE ASSUME ANY LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY (INCLUDING DEATH) TO YOU, OTHER PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA OR INSTRUCTION CONTAINED IN THE CONTENT OR SERVICES PROVIDED TO YOU.
6. Price Changes. In addition to the right to correct pricing errors described above, we reserve the right to change the price of any item at any time, without notice. For any order placed by you, your order shall be deemed the “offer” which is not “accepted” unless and until such order has been accepted and filled by us or the applicable third party.
7. Copyright Notice. The website, including all content on the website, is owned or licensed by us. The entire contents and design of the website are protected by U.S. and international copyright law. All rights regarding the website, and information and materials contained on the website, are either owned by us, are licensed to us, or are used with permission. We grant you a non-exclusive, non-transferable, limited license to access and use the information, documents, text, images, software, and other content and elements of the website (collectively, the “content”) solely in accordance with these Terms of Use. Subject to these Terms of Use, you may view, download and print the content solely for your personal and informational use. You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from us. You may link to, view, download, use, display and print a single copy of the content only for personal, noncommercial and informational purposes as long as: (1) you do not alter or modify the materials in any way; and (2) you include all applicable copyright, trademark and other notices and disclaimers. We may terminate the above license at any time for any reason. If you breach any term of this agreement your license terminates immediately, automatically, and without notice. Upon the termination of this license you must stop using this website including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control.
8. Notice of Infringing Images or Content: DMCA Notice. If you believe in good faith that any photos, images, text, or other content appearing on this website infringes any copyright or other intellectual property right owned by you, please send a notice to:
Legal Department
Prime Therapeutics
2900 Ames Crossing Road, Suite 200
Eagan, Minnesota 55121
USA
Notice. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work (or other intellectual property right) claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If US law requires any additional or different procedure, then the terms of such law shall control.
9. Postings, Messages or Comments. Certain portions of this website may permit you to upload or post comments, messages, feedback, images, or other information or items. In your use of this website, in addition to the restrictions and limitations described in Section 2 (“Limitations on Your Use of the Website”), you understand and agree to the following: (a) You will not post, transmit, or link to any material, websites or other information or content that is libelous, defamatory, false, obscene, indecent, lewd, offensive, violent, abusive, threatening, harassing, discriminatory, or an expression of hate speech; (b) You may only post, upload or transmit materials (including photos, audio or video) for which you own the copyright and all other relevant rights. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You agree that any materials you post or upload will be owned by you or be in the public domain; (c) You may not solicit other users or distribute advertising for products or services through the website, distribute chain letters or messages, mass mailings or bulk email or other bulk messages, or gather email addresses or other contact information for the purpose of sending bulk email or other messages to other users of the website; (d) If you choose to post items in group, public or “chat” portions of the website, such items will be available to the other individuals using the website and we do not warrant, guarantee or otherwise take steps to prevent other users from copying, displaying, uploading, transmitting or otherwise using your material, information, photographs or other information. Always use caution in posting personally identifying information in such areas, as these postings will be deemed public and non-confidential; (e) You will not post any material that violates any law or regulation; (f) You will not post personal or private information regarding anyone other than yourself (for example, you will not publish a telephone number, financial information or address information regarding another person) unless you are the parent or guardian of such person or are otherwise explicitly authorized to act on such person’s behalf; (g) If you provide content via any other social media channel, your activity is subject to the rules specific to such other outlet; (h) We are under no obligation to review any postings, but we may review and remove any posting that we, in our sole judgment, determine is illegal, harmful, a violation of these Terms, or otherwise not appropriate; (i) You understand that Prime is not responsible for the information or items posted by other website users, and such information may be inaccurate or harmful. Your use or reliance on any such information is at your own risk.
10. Trademark Notice. Prime’s names and logos, and all related product and service names, design marks and slogans are the trademarks or service marks of Prime. All rights are reserved. You are not authorized to use any such trademark in any advertisement, publicity or in any other commercial manner without our prior written consent. All other trademarks appearing on the website are the property of their respective owners.
11. Links to Other Sites. The website may include links to other websites or apps that provide information or services which may be of interest to you. We provide these links for your convenience only. We are not responsible for the content of these sites or the programs, agencies, or businesses they describe, or for your dealings with such third parties. We are not responsible for the content or privacy practices of other sites or services to which we may link. Please review the applicable privacy policy and terms of such sites and services before using them.
12. Our Content; Content Supplied by Others. Our content and modules may include content provided by your health plan, advertising information, sponsored content provided by third parties, as well as learning information or modules provided by a third party that we believe may be useful. Subject to applicable law, you agree and consent that we may send marketing information, including marketing information provided by our affiliates, divisions, subsidiaries or third parties, to you through all contact information including email, and land-mail, provided by you.
13. Authorized Users Only; Confidential. You agree to keep your user and login information confidential. You are responsible for all actions taken using your username and password. If your password has been compromised, contact us immediately.
14. Security. We understand that you may provide to us, through the website, information that you consider confidential as well as financial information such as credit card information. Please read our Privacy Policy for more information about information security.
While we take measures to protect the confidentiality and security of your information, it is not possible to give absolute assurance that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on our computers and view your information, or the government or other entities with legal authority may require disclosure of your information. By submitting information to us, you agree that you are aware of and accept these risks. If you do not wish to submit your information electronically, do not do so, however in such case you may not be able to make use of the full functionality of the website. You agree that Prime is not responsible for any consequence of illegal acts by third parties, including but not limited to hacking or similar crimes.
15. Indemnification. You agree to indemnify, defend, and hold harmless Prime, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your account.
16. Jurisdiction and Venue. This website is controlled and operated within the United States, and is not intended to subject Prime to any the law or jurisdiction outside of the United States. This website does not constitute any contract with any jurisdiction outside the State of Minnesota. Use of this website is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the website illegal. This Agreement is entered into and performed in the State of Minnesota, United States of America. It is governed by and shall be construed under the laws of Minnesota, exclusive of any choice of law or conflict of laws provisions. In any claim or action directly or indirectly arising under this Agreement or related to the website, each party irrevocably submits to the personal jurisdiction of the Minnesota State District Court sitting in Hennepin County, Minnesota or of the United States Court for the District of Minnesota. Each party waives any jurisdictional, venue or inconvenient forum objections to these courts. You agree that you shall pursue any claim against us or the Service Providers in your individual capacity only, and you will not participate in any collective or so-called “class” action against Prime or any of the Service Providers.
17. General; Contact Information. You may not assign any rights or obligations under this Agreement without our prior written consent. We may assign all or part of this Agreement. We reserve the right to change, modify, and update this Agreement at any time. Your continued use of the website after the updated terms have been posted shall constitute your acceptance of such terms. You should therefore review these Terms of Use periodically to familiarize yourself with any changes, modifications and updates, which we will post on this page or a similar page of the site. If you violate any of the Terms of this Agreement, your authorization to use our Website and all licenses granted herein terminate automatically.
If any of the provisions of this Agreement are held unenforceable or overbroad by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect. You agree to bring any and all claims involving us or the Service Providers within twelve (12) months of the date on which such claim first arises; all claims not brought by you within such time period are waived. All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement shall survive. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
18. Contact Information. You may contact us here. You agree that we may provide any and all notices to you by e-mail, telephone, cell-phone, text message, as well as by any other method.
