Welcome to the Terms of Service for RxMapper Services (this “Agreement”). RxMapper Services are owned and operated by RxMapper, LLC (“We,” “Our” or “RxMapper”). Please read this Agreement carefully before using any RxMapper Services. By accessing or using any RxMapper Services, You agree to be bound by this “Agreement”, which is a legally enforceable agreement between RxMapper and You, the individual (“You” or “Your”). Throughout the Agreement,“RxMapper Services” refers to the specific RxMapper Service that You have enrolled in or have scheduled a consultation through and not any of the other RxMapper Services that are described in this Agreement. This Agreement is in addition to, and not in lieu of, any additional documentation you may be required to agree to as part of RxMapper Services.
1. RxMapper Services
This Agreement applies to Your use of any of the RxMapper Services in which You are enrolled and as further described below.
- a. DNA Sequencing
- b. Medication Monitoring
- c. Telehealth Consults
- d. eConsults
Features and specifications of the RxMapper Services described or depicted herein are subject to change at any time without notice.
2. No Medical Advice
Although they are health services, RxMapper Services do not offer medical advice and do not create a doctor patient relationship between you and RxMapper. Any RxMapper services provided or content accessed through RxMapper Services are for informational purposes only, and are not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. This includes, but is not limited to, the information provided by RxMapper in response to questionsYou may submit or inquired during a session, chat, or other interaction. The content should not be used during a medical emergency or for the diagnosis or treatment of any medical condition.Please consult Your doctor or other qualified healthcare provider if You have any questions about a medical condition, or before taking any drug, changing Your diet, or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through RxMapper. Call 911 or Your doctor for all medical emergencies. RXMAPPER IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH RXMAPPER OR RXMAPPER SERVICES.
RxMapper Services do not provide medical advice, diagnosis or treatment. Coaches and Guides are not licensed mental health professionals. Telehealth Consults and eConsults provided underRxMapper Services are performed by licensed health professionals employed by or contracted with RxMapper.
3. Your Account and Your Use of RxMapper Services
You must provide accurate and complete registration information any time You register to use RxMapper Services. It is Your responsibility to provide Us with a true, accurate, and complete email address, physical mailing address, and other information related to Your account(s), and to maintain and update promptly any changes in this information.
You are responsible for maintaining the confidentiality and security of Your password and account, and You are fully responsible for all activities that occur under Your password or account. You agree to immediately notify RxMapper of any unauthorized use of Your password or account or any other breach of security, and ensure that You exit from Your account at the end of each session. RxMapper shall not be liable for any loss or damage arising from Your failure to comply with this Agreement.
The following actions are expressly prohibited in relation to Your username and password:
- Sharing, disclosing, permitting access to or otherwise facilitating the use by any person of Your username and password;
- Using the username and password to cache RxMapper Services in such a manner as to be accessible by persons who have not registered with RxMapper; or
- Using the username and password to permit multiple persons access to RxMapper Services through a local or wide area network.
If You have forgotten Your username or password, We will use an email address provided by You to send Your username or temporary password. You understand that others using the same email address will be able to gain access to Your account information, but only if they provide the correct answers to Your security questions.
Your use of RxMapper Services and any content accessed through RxMapper Services must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to register and use RxMapperServices, or You must be the parent or legal guardian for someone under age 18 who is enrolled in RxMapper Services. You may not interfere with or disrupt the proper operation of RxMapper Services.
If You use mobile services to enter and maintain Your personal information, You understand that You are responsible for safeguarding and securing Your mobile device and the associated credentials (such as username and password). If You leave Your mobile device unattended, or if it is lost or stolen, You understand that Your personal information may be accessible to others. To protect Your confidential health information, it is good practice to enable a touch ID, fingerprintID, or passcode on Your smartphone or other mobile device.
In using RxMapper Services, You agree not to:
- Send or otherwise transmit to or through RxMapper Services any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to RxMapper Services or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
- Misrepresent Your identity or affiliation in any way;
- Restrict or inhibit any person from using RxMapper Services, disclose personal information obtained from RxMapper Services or collect information about other users of RxMapperServices;
- Reverse engineer, disassemble or decompile any section or technology of RxMapperServices, or attempt to do any of the foregoing;
- Gain unauthorized access to RxMapper Services, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to RxMapper Services;
- Launch or use any automated system, including without limitation, “robots,” “bots,”“spiders,” or “offline readers,” that access RxMapper Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
- Send or otherwise transmit to or through RxMapper Services chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
- Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
- Violate any applicable laws or regulations in any way;
- Alter or modify any part of the content or services offered on or through RxMapper Services;
- Allow any other person to use RxMapper Services with your registration or login information;
- Breach or otherwise circumvent RxMapper’s security or authentication measures; or
- Assist or permit any persons in engaging in any of the activities described above.
If You create, transmit, or display information while using RxMapper Services, You may provide only information that You own or have the right to use. RxMapper will only use information You provide as permitted by RxMapper’s Notice of Privacy Practices and applicable law, including the Health Insurance Portability and Accountability Act (“HIPAA”). The purpose of these privacy documents is to identify the information We collect through RxMapper Services, the steps We take to protect it, and Your choices regarding how that information is used and disclosed.
RxMapper may contact You regarding information about any RxMapper Services in accordance with the Member Communication Policy. You acknowledge and consent to receive communications by, but not limited to, email, regular mail, manual or automated text message or SMS, MMS, push notification or in-app message, manual or automated telephone calls, or other reasonable means now known or hereafter developed regarding Your healthcare and other services through the contact information You have provided, including Your mobile number. You acknowledge that You may be charged for such communications by Your mobile carrier.
RxMapper may record inbound and outbound calls for quality monitoring and training purposes. You acknowledge and consent to the recording of phone calls between You and RxMapper. You may request the call not be recorded.
If You provide suggestions, ideas, feedback, or recommendations (“Feedback”) to RxMapper, We are free to use, disclose, reproduce, license, or otherwise distribute, and exploit the Feedback as RxMapper sees fit, without an obligation or restriction of any kind to You.
5. Intellectual Property
RxMapper Services are owned by RxMapper. We grant to You, for Your personal purposes only, a nonexclusive, limited and revocable right to access and use RxMapper Services during the term of the RxMapper Services in which are You enrolled, so long as You comply with the terms of this Agreement. You agree not to use RxMapper Services for any other purpose, including commercial purposes, such as co-branding, framing, linking, or reselling any portion of RxMapper Services without Our prior written consent.
All materials available through RxMapper Services may be accessed, downloaded, or printed for noncommercial purposes and solely within the scope allowable by this Agreement. No other use of these materials may be made without express written permission of RxMapper. Any unauthorized use of the words or images from RxMapper Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
RxMapper Services include materials that are derived in whole or in part from materials that are copyrighted, including the format and layout of RxMapper Services. The copyrights are owned byRxMapper, or for licensed content, the content providers.
None of the names, trademarks, service marks and logos of RxMapper or third parties appearing within RxMapper Services may be used in any advertising, publicity, or otherwise to indicate RxMapper’s or such third party’s sponsorship of or affiliation with any product or service without express written permission of RxMapper or such third party. Nothing contained within RxMapperServices should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right of use to any trademark displayed on or through RxMapper Services without the written permission of RxMapper or the third-party owner of the trademark, if any. RxMapper Services may contain other proprietary notices and copyright information, the terms of which must be observed and followed by You.
6. Right to Change Terms of Service
RxMapper may, at any time and from time to time, amend this Agreement. Any changes to this Agreement will be effective immediately upon posting of the changed Terms of Service. You agree to review the Terms of Service periodically and Your use of RxMapper Services following any such change constitutes Your agreement to follow and be bound by this Agreement as amended.
7. Computer Equipment; Browser Access and Internet Services
You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Systems”) necessary for You to access and use RxMapper Services.This responsibility includes, without limitation, Your utilizing up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software.You are additionally responsible for obtaining Internet services via the Internet service provider of Your choice, for any and all fees imposed by such Internet service provider, and any associated communications service provider charges. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet, and You hereby expressly assume such risks. You acknowledge that You are responsible for the data security of the Systems used to access RxMapper Services, and for the transmission and receipt of information using such Systems. You acknowledge that You have requested access to the specific RxMapper Services for Your convenience, have made Your own independent assessment of the adequacy of the Internet and Systems, and that You are satisfied with that assessment. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or Your System.
8. Content and Services Accessed through RxMapper Services
You may choose to allow a third-party service provider (such as a Personal Health Record provider, healthcare providers, and any other entity chosen by You) to retrieve, provide, modify or otherwise use health and other information in Your account or otherwise share Your information with the service provider. Once You permit a specific third-party service provider to access Your account, such service provider may continue to access Your account until You affirmatively disable access. It is Your sole responsibility to review and approve each such third-party service before sharing Your information through or otherwise accessing it. USE OF THESE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT YOUR OWN RISK. RXMAPPER MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT.
9. Links to Other Sites
RxMapper Services, websites, and communications may contain third party-owned content (e.g.,articles, data feeds, abstracts, etc.) and may also include hypertext links to third party-owned websites. We provide such third-party content and links as a courtesy to Our members. We have no control over any third-party owned websites or content referenced, accessed by or available through RxMapper Services, websites, or communications and, therefore, we do not endorse, sponsor, recommend or otherwise accept any responsibility for such third-party web-sites or content or for the availability of such websites. Any views expressed by third parties on theWebsites and Platforms are solely the views of such third party and RxMapper assumes no responsibility for the accuracy or veracity of any statement made by such third party. IN PARTICULAR, WE DO NOT ACCEPT ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT ANY THIRD-PARTY OWNED CONTENT (WHETHER PUBLISHED IN RXMAPPER SERVICES, RXMAPPER’S WEBSITE, ANY OTHER WEBSITE, OR ANY COMMUNICATIONS) INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ANY LIABILITY ARISING OUT OF ANY INFORMATION OR OPINION CONTAINED ON SUCH THIRD-PARTY WEBSITE OR CONTENT. If You click on links to third party sites from RxMapper Services, websites, or communications, You should consult the policy statements of each site You visit.
10. SMS Text Messaging and Email Messaging
RxMapper Services may enable communication between RxMapper and You by means of SMS text messages to and from Your mobile device. RxMapper will only use information You provide via SMS message as permitted by the privacy documents referenced above and applicable law.
RxMapper’s SMS messaging is supported by the following mobile operators: T-Mobile, AT&T,Verizon Wireless, Sprint, Nextel, Boost, Metro PCS and others. If Your mobile operator is not supported, You will not receive a reply to Your messages. Pre-paid cellphone users may not be able to participate – check with Your mobile operator. Your mobile operator may charge standard and other text messaging fees for text messages sent and received. Neither RxMapper nor Your mobile operators shall be liable for delayed or undelivered messages.
Message frequency is recurring/ongoing based on Your preferences as indicated under “Communication Preferences” in Your account. Text STOP at any time to end a conversation using the SMS text service. You may continue to receive other SMS messages in which you are enrolled.
SMS text messaging is not required as a condition of registering for or using RxMapper Services. If You do receive SMS text messages, You acknowledge that such messages will be sent to the phone number You provide to RxMapper. Such messages may include protected health information (PHI)based on Your account preferences, and whoever has access to devices connected to that number will also be able to see this information. Additionally, You acknowledge that emails and SMS text messages may not be a secure method of communication and that they are sent through an unencrypted method of communication and that information contained in an unencrypted message is at risk of being intercepted and read by, or disclosed to, unauthorized third parties, such as Your mobile operator’s SMS text messaging system. Message and data rates may apply.RxMapper Services also offers access to messages via email. You acknowledge that communications will be sent to the email address You provide to RxMapper. Such communications may include PHI based on Your account preferences, and whoever has access to the email address will also be able to see this information. Additionally, You acknowledge that email may not be a secure method of communication and that they may be sent through an unencrypted method of communication and that information contained in an unencrypted e-mail is at risk of being intercepted and read by, or disclosed to, unauthorized third parties, such as Your email service provider.
By enrolling to receive RxMapper SMS messages and/or email communications, You agree to this Agreement, which becomes effective upon Your enrollment.
11. Disclaimer of Warranty; Limitation of Liability
RXMAPPER SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. RXMAPPER, ITS CLIENTS AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON RXMAPPER SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.YOUR USE OF RXMAPPER SERVICES ARE AT YOUR OWN RISK. ACCESS TO THE RXMAPPER SERVICES MAY BE INTERRUPTED AND INFORMATION, SERVICES, AND MATERIALS MAYNOT BE ERROR-FREE. NONE OF RXMAPPER, ITS AFFILIATES, ITS CLIENTS, ITS SUPPLIERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING RXMAPPER SERVICES OR THE INFORMATION, SERVICES, AND MATERIALS CONTAINED THEREIN ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, SERVICES AND MATERIALS PROVIDED THROUGH RXMAPPER SERVICES; THEY ALSO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, RXMAPPER SERVICES, OR YOUR INABILITY TO USE RXMAPPER SERVICES FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND RXMAPPER SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless RxMapper, its clients, and its suppliers and their respective affiliates, employees, officers, directors, agents, servants, shareholders, and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys’ fees and expenses) related to Your violation of this Agreement, Your use, or misuse, of RxMapper Services, or Your posting of material to RxMapper Services.
13. Applicable Law
This Agreement and the resolution of any and all disputes related to this Agreement shall be construed in accordance with the laws of the Commonwealth of Massachusetts. Any dispute between RxMapper and You related to this Agreement shall be resolved exclusively by the state and federal courts of the Commonwealth of Massachusetts.
RxMapper Services can be accessed from the United States. Since the laws of each State or country may differ, You agree that the statutes and laws of the Commonwealth of Massachusetts, without regard to any principles of conflicts of law, will apply to any and all matters relating to the use of RxMapper Services.
This Agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
14. Modification and Termination of RxMapper Services
RxMapper reserves the right to terminate accounts for any reason it deems appropriate including, but not limited to, a belief that Your conduct or Your use of RxMapper Services violates applicable laws or is harmful to the interests of RxMapper or any other users. RxMapper also may place limits on, modify, suspend or terminate RxMapper Services generally, and may suspend or terminate Your use of RxMapper Services if You fail to comply with this Agreement or otherwise in accordance with RxMapper’s internal policies. This suspension or termination may delete Your information, files, and other previously available content. If RxMapper terminates RxMapperServices or Your use of RxMapper Services, this Agreement will also terminate, but Sections 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 shall continue to be effective after this Agreement is terminated.
15. Rights and Responsibilities
- a. As a member of RxMapper and a user of RxMapper Services, You have the following rights in addition to all other terms as stated herein:
- i. to have one’s property and person treated with respect, consideration, and recognition of client/member dignity and individuality;
- ii. to receive considerate, respectful and compassionate service regardless of Your age, gender, race, national origin, religion, sexual orientation, gender identity, or disabilities; to be free from mistreatment, neglect, or verbal, mental, sexual, and physical abuse;
- iii. to appoint a designee, if You so desire, to speak on Your behalf and to make decisions on Your behalf as it pertains to Your use of RxMapper Services;
- iv. to request restrictions on certain uses and disclosures of protected health information with the understanding that RxMapper is not required to agree to are quested restriction after review of the request;
- v. to inspect and copy protected health information;
- vi. to receive an accounting of protected health information disclosures;
- vii. to request amendment of protected health information;
- viii. to be informed of any charges for RxMapper Services covered by Your insurance and those to be paid by You and related billing method;
- ix. to make informed decisions about Your care, including receive information aboutRxMapper Services, staff qualifications, any changes to RxMapper Services and any potential risks for discontinuing one or more RxMapper Services;
- x. to be notified by RxMapper in advance when RxMapper Services will be discontinued and the reason why;
- xi. to opt out or cancel Your RxMapper Services at any time;
- xii. to voice grievances/complaints, via the contact information listed below, regarding treatment or care or lack of respect of property, or recommend changes in policy, personnel, or care/service without restraint, interference, coercion, discrimination, or reprisal and without fear of termination of RxMapper Services to have grievances/complaints regarding treatment or care that is (or fails to be) furnished, or lack of respect of property investigated;
- xiii. to be notified of how to contact RxMapper; and:
- xiv. to be fully informed of one’s responsibilities.
- b. As a member of RxMapper and a user of RxMapper Services, You have the following responsibilities, in addition to all the other responsibility You have as stated in this Agreement:
- i. to notify RxMapper promptly of any changes in insurance, Medicare coverage, and/or Your home address or telephone;
- ii. to pay for RxMapper Services, in which Your insurance company/companies does not pay, as well as any applicable copayments and/or deductibles for which You are responsible;
- iii. to carry out mutually agreed responsibilities; and
- iv. to notify RxMapper of changes in Your condition and to advise us of any problems or dissatisfaction with RxMapper Services.
- c. As a user of RxMapper Services, You have the following responsibilities in addition to all other terms as stated herein:
- i. to provide complete and accurate information, including Your full name, address, home telephone number, date of birth, insurance carrier and employer, when it is required;
- ii. to provide complete and accurate information about Your health and medication history;
- iii. to ask questions when You do not understand information or instructions;
- iv. to actively participate in the management of Your health;
- v. to treat all RxMapper staff with courtesy and respect and abide by all RxMapper Services guidelines;
- vi. to provide complete and accurate information about Your health insurance coverage and to pay Your bills in a timely manner; and
- vii. to pay all amounts that are not covered by Your insurer(s) including applicable copayments and/ or deductible for which You are responsible.
These Terms of Service are personal to you, and are not assignable, transferable, or sublicensable by you except with RxMapper’s prior written consent. RxMapper may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.17. General Legal Terms
You will not use any of RxMapper Services, in a manner inconsistent with this Agreement, or any applicable laws and regulations.
If You have not signed a separate written agreement with RxMapper related to RxMapper Services, this Agreement is the entire agreement between You and RxMapper related to RxMapper Services, replacing any prior agreements. If there is any conflict between this Agreement and a signed written agreement between You and RxMapper related to RxMapper Services, this Agreement will control.
If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of the Agreement remain in full force, provided that the essential terms and conditions of this Agreement remain valid, binding and enforceable and the economic and legal
substance of the transactions contemplated by the Agreement are materially preserved.
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
Nothing in this agreement creates an agency, partnership, or joint venture. Failure to enforce any provision will not constitute a waiver of that provision.
RxMapper Services will be provided by RxMapper without regard to Your race, national origin, sex, veteran status, age, disability, diagnosis or religious affiliation.18. Contact Information
To contact us regarding RxMapper Services or Terms of Service, email email@example.com
While we make every effort to respond to all correspondence within five (5) business days, we cannot guarantee a response to every communication.
Effective Date: February 10, 2023