Thank you for visiting our website! These terms and conditions (the “Terms”) govern your access to and use of the website (the “Website”) of Claritas Rx LLC (“we” or “our”), so please carefully read them before using the Website.

If you have an account with us, that account is governed by the contract to which you agreed when you established your account. That contract is not the same as these Terms, so please ask a customer service representative if you’re not sure how to access that contract.

By using the Website you agree to be bound by these Terms.

You may use the Website only in compliance with these Terms. You may use the Website only if you have the power to form a contract with us and are not barred under any applicable laws from doing so.

Privacy

How we collect and use your information and, in particular, personal information you submit to us through the Website, is also explained in our Privacy Policy (the “Privacy Policy”) which you can find here: www.claritasrx.com/privacy-policy.html. We may change the Privacy Policy from time to time. By using the Website, you agree to the new terms. So please check it periodically to make sure you understand the current terms.

Intellectual Property

These Terms do not grant you any right, title, or interest in the Website or any content. We appreciate it when users send us feedback. We will have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Services and, more generally, into our business any suggestions, enhancement requests, recommendations or other feedback provided by you. The software and other technology we use to provide the Website are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights under any of these or any rights to use the Claritas Rx trademarks, logos, domain names, or other brand features. You may not copy, download, or share files or other content to or from the Website.

Users Must be Over 13

You may not use the Website if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.

Limitations on Use

You will not, and will not attempt to, misuse the Website. We may suspend your access to the Website at any time for any reason or no reason and without notice, but in particular if you do not comply with our terms or policies, if we are investigating suspected misconduct or if we suspect or determine that your use of the Website does not comply with the law or might cause us legal liability or disrupt our systems or others’ use of the Website.

Other Content

The Website may contain links to third-party websites or resources. We do not endorse and are not responsible or liable for their availability, safety or accuracy or for their related content, products, or services. You are solely responsible for your use of any such websites or resources.

Website is Available “AS-IS”

THE WEBSITE IS PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR THAT THE WEBSITE’S FUNCTIONALITY WILL MEET YOUR REQUIREMENTS. We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Website. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE WEBSITE MORE THAN THE GREATER OF $20 OR THE AMOUNT YOU PAID US TO USE THE WEBSITE. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.

Indemnification

You will defend, indemnify, save, and hold us and our affiliates, officers, employees, agents, suppliers or licensors harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys’ fees, costs of investigation, and the amount of any settlements, asserted against us and them that may arise or result from your use of the Website, your breach of these Terms, or your negligence, willful misconduct or violation of applicable law.

Modifications

We may revise these Terms from time to time and the most current version will always be posted on our Website but we will not provide you with notice of any changes, so please check these Terms periodically to make sure you are familiar with them. By continuing to access or use the Website after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Website.

Miscellaneous Legal Terms

THESE TERMS AND THE USE OF THE WEBSITE WILL BE GOVERNED BY CALIFORNIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS FOR SAN FRANCISCO, CALIFORNIA, AND BOTH PARTIES CONSENT TO VENUE AND TO THE PERSONAL JURISDICTION OF SUCH COURTS AND AGREE TO THE SERVICE OF PROCESS BY ANY MEANS CONSTITUTING NOTICE UNDER THESE TERMS. These Terms constitute the entire and exclusive agreement between you and us with respect to the Website, and supersede and replace any prior understanding and agreements between us respecting their subject matter. These Terms create no third party beneficiary rights. Our failure to enforce a provision is not a waiver of our right to do so later. If a provision is found unenforceable, the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but we may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Website. We and you are not legal partners or agents; instead, our relationship is that of independent contractors.

Last revised: October, 2024