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User Agreement and Terms & Conditions

Welcome to TransferMyRx.com, which is owned and operated by Four Leaf Rx, LLC (DBA TransferMyRx) (hereafter referred to as "TransferMyRx"). The following User Agreement and Terms and Conditions will govern your use of TransferMyRx and contain the terms, provisions and conditions upon which TransferMyRx is willing to provide you access to and use of the TransferMyRx website, all related pages, information, databases, functionality, and materials. If you do not agree to be bound by these terms and conditions, you may not access or use TransferMyRx. Your use of TransferMyRx constitutes your acceptance of these terms and conditions, and the accompanying Notice of Privacy Practices and Internet Privacy and Security Policy in effect at the time. Please scroll down through this Agreement to review important provisions regarding arbitration, limitation of liability, waivers and indemnities, and other important provisions. The fees and other charges assessed by TransferMyRx are based upon your acceptance, and the enforceability, of the arbitration, liability limitations, waivers, and indemnity provisions -- in the absence of which such fees and costs would be increased to compensate for the potential additional business expenses.

Before you may use TransferMyRx.com, you must register by completing an online form that is only available to complete after you read and accept all of the terms and conditions of this Agreement. All policies incorporated by reference are accessible through links in this Agreement, which should be accessed and read before you click and accept below. TransferMyRx reserves the right to make changes to this Agreement or any policies governing use of the website and related services, at any time at its discretion. Please review this Agreement each time you enter the website for updates and changes.

This Agreement is a contract between you and TransferMyRx and incorporates TransferMyRx’s Notice of Privacy Policy and Internet Privacy and Security Policy. If you have questions regarding it, please contact: TransferMyRx - Attn: Legal Department – 4 Regency Drive, Wylie, TX 75098 .

1. Welcome to TransferMyRx.com

TransferMyRx is an internet-based technology portal that can connect all registered/enrolled pharmacies across the United States. It enables pharmacists to communicate and transfer prescriptions securely and efficiently, to any pharmacy in the country.

2. TransferMyRx Services

TransferMyRx is an internet-based technology portal connecting registered/enrolled pharmacies across the United States. It enables secure and efficient communication and transfer of prescriptions between pharmacies.

3. Registration Verification Process

You agree to provide information reasonably requested by TransferMyRx related to our user registration. By becoming a Participant, you certify that all information you provide to TransferMyRx (Participant Information), whether through the registration process or otherwise, will be accurate, current, and complete.You will indemnify and hold TransferMyRx harmless from any and all loss, liability, cost, damage, and expense it may incur as a result of any inaccurate Participant Information you provide at any time, as well as any Participant Information which becomes inaccurate. You agree to update your Participant Information to reflect any changes that may occur, and you are solely responsible for the accuracy and disclosure to us of your Participant Information. You agree that TransferMyRx is not liable to you or any third party for damages or losses related to the accuracy or disclosure to us of your Participant Information.

4. Identity Verification:

You will create login username and password when becoming a Participant. It is your responsibility to maintain the confidentiality of your password and login information. You are responsible for all activities that occur under your password and login. You agree not to share your password and login with another person under any circumstances. If you do so, you will be solely responsible for any loss, damage or expense resulting from unauthorized use of such information. This requirement is intended to protect you, as well as TransferMyRx and other TransferMyRx users and patients. You agree to immediately notify TransferMyRx of any loss, theft, or unauthorized use of your password or login or any other breach of security. Except for your designated legal representative or other person you have authorized during the registration process, you shall not allow any other person or entity to use your username or password. You agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false e-mail or other headers, or otherwise conceal your identity from TransferMyRx for any purpose. You agree not to attempt to access, delete, or modify the data or the account of another Participant.

5. Fees:

Eventually there may be a charge, payable directly or indirectly to TransferMyRx to complete a prescription transfer and/or become a Participant of TransferMyRx. At this time TransferMyRx does not charge any fees to its Participants.

6. Restrictions on Use of TransferMyRx Intellectual Property, Website, and TransferMyRx Services:

TransferMyRx owns all of the content, materials, and other intellectual property related to TransferMyRx.com and TransferMyRx services, including without limit all text, graphics, photographs, music, data, images, audio and video clips, software, names, button icons, logos, images, designs, titles, words or phrases, page headers, service names, trademarks, patents, and copyrights (collectively, "Materials"). You have no rights to the Materials, except as may be expressly set forth in this Agreement. Any use of the Materials, except as permitted by this Agreement, is expressly prohibited. The Materials and use of TransferMyRx.com and TransferMyRx Services are registered and/or protected by U.S. and international copyright, trademark, and other laws.

7. Other Disclaimers:

THE TRANSFERMYRX SERVICES ARE PROVIDED IN AN "AS IS WHERE IS" CONDITION, SUBJECT TO ANY AND ALL FAULTS AND DEFECTS EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT. FURTHERMORE, TRANSFERMYRX MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING PARTICIPANT SERVICES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRANSFERMYRX HEREBY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NON-INFRINGEMENT, TITLE, OR COMPLIANCE WITH ANY FEDERAL, STATE, OR OTHER LAW(S), AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES WITH RESPECT TO THIS AGREEMENT, THE TRANSFERMYRX SERVICES, PARTICIPANT SERVICES, OR TRANSFERMYRX.COM. NO ADVICE OR INFORMATION GIVEN BY ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, EMPLOYEE OR AGENT OF TRANSFERMYRX (collectively a "TRANSFERMYRX AFFILIATE") SHALL CREATE A WARRANTY OR REPRESENTATION BINDING UPON TRANSFERMYRX UNLESS IN WRITING SIGNED BY THE CHIEF OPERATING OFFICER OF TRANSFERMYRX. NO ONE ELSE IS AUTHORIZED TO MAKE ANY WARRANTY ON TRANSFERMYRX’S BEHALF, AND YOU CANNOT RELY ON ANY OTHER REPRESENTATION OR ASSERTED WARRANTY OR GUARANTEE.

YOU AGREE THAT TRANSFERMYRX AND THE TRANSFERMYRX AFFILIATES ARE NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY FOR THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF TRANSFERMYRX.COM, THE TRANSFERMYRX SERVICES, THE PARTICIPANT SERVICES OR ANY MATERIALS OF TRANSFERMYRX.COM, THE PERFORMANCE OF THE INTERNET, THE DOWNLOADING COMPATIBILITY OF ANY MATERIALS OR SOFTWARE WITH YOUR COMPUTER SYSTEMS, THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE (INCLUDING, WITHOUT LIMITATION, TRANSFERMYRX.COM), OR FOR THE UNAUTHORIZED ACCESS TO OR USE OF YOUR PARTICIPANT INFORMATION BY A PARTY OTHER THAN TRANSFERMYRX. TRANSFERMYRX EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED, OR DELAYED COMPUTER TRANSMISSIONS, AND/OR TECHNICAL INACCURACIES, OR LOSS OR USE OF DATA, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES ARISING OUT OF OR RELATED TO THIS AGREEMENT. TRANSFERMYRX DOES NOT REPRESENT OR WARRANT THAT TRANSFERMYRX.COM WILL OPERATE WITHOUT ERROR, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER MAKING IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TRANSFERMYRX.COM DOES NOT WARRANT THAT INFORMATION OR SERVICES CONTAINED IN TRANSFERMYRX.COM OR THE TRANSFERMYRX PARTICIPANT SERVICES WILL SATISFY YOUR REQUIREMENTS OR THAT THEY ARE ERROR OR DEFECT-FREE. BEFORE USING ANY TRANSFERMYRX OR PARTICIPANT SERVICES, YOU SHOULD CONFIRM ALL PRESCRIPTION TRANSFER INFORMATION FOR ACCURACY. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS AND LEGALITY OF ANY PRESCRIPTION TRANSFER INFORMATION YOU SUPPLY TO TRANSFERMYRX. BY USE OF TRANSFERMYRX.COM, YOU ACKNOWLEDGE THAT SUCH USE IS AT YOUR SOLE RISK.

THIS LIMITATION OF LIABILITY WILL EXTEND TO DAMAGES RESULTING FROM INVESTIGATIONS, REGULATORY INQUIRIES, LOSS OF REGULATORY APPROVALS AND/OR LICENSES, AND ANY OTHER CLAIM, SUBPOENA, INVESTIGATION, PROCEEDING, OR OTHER CAUSE BROUGHT BY ANY GOVERNMENT AGENCY, COURT, OFFICE, OR AGENT. TRANSFERMYRX RESERVES THE RIGHT TO INFORM ITS MEMBERS ABOUT ANY INVESTIGATION OR REGULATOR REQUEST IN FULL DETAIL.

8. Disclaimer and Limitation of Liability:

TRANSFERMYRX AND THE TRANSFERMYRX AFFILIATES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES AS A RESULT OF ANY BREACH OR DEFAULT BY THEM WITH RESPECT TO THIS AGREEMENT OR THE TRANSFERMYRX OR PARTICIPANT SERVICES, WHETHER ARISING IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE. IN NO EVENT SHALL THE TOTAL LIABILITY OF TRANSFERMYRX AND THE TRANSFERMYRX AFFILIATES TO YOU FOR ANY DAMAGES, LOSSES, COSTS AND EXPENSES RELATED TO ANY CLAIM BY YOU IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE EXCEED THE GREATER OF: (A) THE AGGREGATE AMOUNT OF CHARGES PAID BY YOU FOR THE TRANSFERMYRX SERVICES AND PARTICIPANT SERVICES AT ISSUE; OR, (B) IN THE ABSENCE OF SUCH CHARGES, ONE HUNDRED DOLLARS ($100). YOU AGREE THAT THIS LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU, TRANSFERMYRX AND THE TRANSFERMYRX AFFILIATES AND REFLECTS THE FEES, IF ANY, TRANSFERMYRX CHARGES. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, TRANSFERMYRX.COM AND THE SERVICES WOULD NOT BE PROVIDED TO YOU. ANY CLAIM BY YOU NOT FILED IN ARBITRATION UNDER WITHIN ONE YEAR OF YOUR DISCOVERY OF THE FACTUAL BASIS FOR THE CLAIM SHALL BE DEEMED FOREVER WAIVED, BARRED AND RELEASED.

9. Indemnification:

YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS TRANSFERMYRX AND TRANSFERMYRX AFFILIATES FROM AND AGAINST ANY CLAIM, DAMAGE, LOSS, LIABILITY, INJURY, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ACTUAL ATTORNEYS' AND EXPERT FEES) ARISING OUT OF OR RELATED TO YOUR (A) BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, (B) VIOLATION OF ANY PERSON'S OR ENTITY'S LEGAL RIGHTS (INCLUDING, WITHOUT LIMITATION, COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK, OR OTHER PROPRIETARY RIGHTS, OR PUBLICITY, CONTRACT, MORAL, OR PRIVACY RIGHTS), (C) VIOLATION BY YOU OF ANY APPLICABLE LAW, RULE OR REGULATION, OR (D) NEGLIGENCE, RECKLESSNESS, OR WILLFUL MISCONDUCT ON YOUR PART, OR (E) UNAUTHORIZED USE OF YOUR PARTICIPANT INFORMATION BY A PARTY OTHER THAN TRANSFERMYRX.

10. Governing Law:

TransferMyRx controls and operates TransferMyRx.com from its offices within the United States. If you choose to access TransferMyRx.com from other locations, you do so at your own risk and initiative and are responsible for compliance with any applicable local laws.You agree that your rights and obligations related to this Agreement, TransferMyRx, and your use of TransferMyRx or the TransferMyRx services shall be interpreted and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.

11. Dispute Resolution (Binding Arbitration):

If a dispute, claim, or controversy ("Dispute") arises between you and TransferMyRx or any TransferMyRx affiliates in any way relating to this Agreement, TransferMyRx.com, or the TransferMyRx Participant Services that is not resolved through good faith negotiations and discussions within 30 days of TransferMyRx being notified of such Dispute, such Dispute will be finally settled and resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association using a single arbitrator (who has at least 3 years’ experience in structuring on-line commercial transactions and who shall have no power to award consequential, punitive or exemplary damages), with the arbitration to be commenced within one (1) year after the factual basis for such Dispute becomes known -- otherwise all rights, claims and causes of action relating to the Dispute shall be deemed irrevocably waived.

12. Independent Parties:

TransferMyRx is an independent contractor and shall not at any time or under any circumstances be considered an agent or representative of any Participant of TransferMyRx.com. No joint venture, partnership, or like relationship is created between the parties by this Agreement.

13. Miscellaneous:

The headings of the sections in this Agreement are strictly for convenience of reference only and shall not in any way be construed as amplifying or limiting any of the terms, provisions or conditions of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason: (a) such invalidity or unenforceability shall not affect any other provision of this Agreement; (b) the remaining terms, covenants and conditions hereof shall remain in full force and effect; and (c) the invalid or unenforceable provision shall be automatically modified, with the least changes necessary, so as to make it valid and enforceable. No failure to exercise and no delay in exercising, by TransferMyRx, any right, power or privilege under this Agreement shall operate as a waiver thereof, except as otherwise expressly provided in this Agreement or in writing by TransferMyRx’s CEO, President or COO. Any waiver by TransferMyRx of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless and until agreed to in writing by TransferMyRx.

You agree that you will be solely responsible for the collection, reporting, and payment of any and all of your taxes. We are not responsible in any way for your payment of any taxes to any entity. You agree to indemnify Four Leaf Rx, LLC (DBA TransferMyRx) and all of our affiliates, agents, employees, officers, directors, or other connected entities harmless against any and all liabilities, costs, and expenses (including reasonable attorneys’ fees) incurred by us that arise out of any government or third party claim that involves or relates to any tax obligation (federal, state or county) or amounts due or owing under any tax regulation, law, order or decree or any dispute concerning our tax status.

14. Notice:

All notices and communications concerning this Agreement shall be in writing and addressed to TransferMyRx as follows: TransferMyRx Attn: Legal Department 4 Regency Drive Wylie, TX 75098 Notices shall be sent by certified U.S. Mail, return receipt requested, or by commercial overnight delivery service which provides acknowledgement of delivery and shall be deemed delivered: if sent by U.S. Mail, five (5) days after deposit, or if sent by commercial overnight delivery service, upon verification of receipt.

15. Modification of Terms:

TransferMyRx reserves the right to amend the terms of this Agreement at any time, for any reason, and without notice, including the right to terminate the TransferMyRx or Participant Services or any part thereof. Any amendments and modifications made by TransferMyRx will be prospective only, and unless otherwise provided in this Agreement, will be effective upon being posted on TransferMyRx.com.

16. Links to Third Party Sites:

TransferMyRx.com may contain links to third party websites. These links will allow you to leave TransferMyRx.com. The linked sites are not under the control of TransferMyRx, and TransferMyRx is not responsible for the contents of any linked site. The links are provided as a convenience, and TransferMyRx does not endorse, sponsor, or recommend any linked site or its contents. TransferMyRx is unable to verify the accuracy or completeness of third-party information posted to TransferMyRx.com or accessible from TransferMyRx.com and nothing in this Agreement, shall be deemed to create any agency relationship or affiliation with such third parties or you or make the third parties or you partners or joint venturers with TransferMyRx or otherwise provide you or any third parties with any rights to act on TransferMyRx’s behalf.

17. Termination:

This Agreement is effective until changed or modified by TransferMyRx or terminated by you or TransferMyRx for any reason whatsoever. If you no longer agree to be bound by this Agreement (as amended from time to time), you must cease use of TransferMyRx.com. TransferMyRx reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of TransferMyRx.com with or without notice at any time and for any reason. You agree that any termination, restriction, or suspension of your access to TransferMyRx.com may be made without prior notice, and you acknowledge that TransferMyRx may immediately deactivate or delete your account and all related information and files in the account and bar you from any further access to the files or TransferMyRx.com. You agree that TransferMyRx shall not be liable to you or any third-party for any termination, restriction, or suspension of access to TransferMyRx.com under any circumstances whatsoever.

18. Entire Agreement:

This Agreement, and any policies referenced in this Agreement, constitute the entire agreement between you and TransferMyRx related to TransferMyRx.com and the TransferMyRx services. All prior agreements, representations, statements, negotiations, and undertakings with respect to the subject matters of this Agreement are superseded by the provisions of this Agreement. Neither this Agreement nor any of its provisions may be amended, altered or added to in any manner except as set forth in a duly authorized amendment to TransferMyRx Agreement or otherwise in writing and signed by an officer of TransferMyRx. If there is a conflict between the terms of this Agreement and any terms appearing on TransferMyRx.com or in any policies, those terms that are most favorable to TransferMyRx shall govern.

19. Survival of Obligations:

The provisions of this Agreement that by their nature are intended to survive beyond the termination, cancellation or expiration of this Agreement shall survive.

20. Consent to Electronic Delivery and Notice:

(a) Consent. By clicking the "I Agree" button below, you consent to receive notices solely in electronic format from TransferMyRx. Please regularly check TransferMyRx.com for updates to notices. We will post to TransferMyRx any changes in hardware or software requirements needed to access the notices. (b) Delivery Considerations. To access TransferMyRx.com, you must have access to a computer with appropriate and compatible browser software and access to the Internet. To print and save notices, you must have access to a printer. (c) Duration and Withdrawal of Consent. Your consent will be effective indefinitely. We reserve the right to send you paper copies of any documents or notices that you have consented to receive electronically, or that are not available electronically, and to discontinue sending updated notices electronically to you at any time.

21. All information represented by you and provided by you on this platform must be accurate and truthful:

All information must not infringe on any third party’s intellectual properties copyright, patent, trademark, trade secret, rights of publicity or privacy or other right). It must not infringe on any law, statue, ordinance or regulation including, but not limiting those regulating any protection, unjust competition, anti-discrimination, misleading or false advertising. All other information must not contain any malware, viruses, or programming intended to corrupt or seize any system data or personal information. Furthermore, all information provided must be free of fraud, obscenities, and defamation of any third party. You identify and correspond that our collective “Intellectual Property'' (our patents, trademarks, trade names, service marks, copyrights, and other intellectual property) are and will remain our exclusive solitary property. This agreement will not bestow in you any right of ownership or licensing rights to our Intellectual Property. Ultimately, you agree that you will not now, or in the future, dispute the legitimacy of TransferMyRx.com’s Intellectual Property. TransferMyRx.com allows all registered users to gain from developments that are branded and patent-pending to TransferMyRx. The performance of this website is subject to an impending patent and is not currently accessible to the public. Upon USPTO issuing a patent, the business methods empowered by this website, and the functions of this website constitute the confidential trade secrets of TransferMyRx. By allowing yourself and your organization to utilize the benefits of the proprietary processes enabled by this website, you and your organization agree not to reverse engineer, embezzle, independently create, reveal, or otherwise make use of the trade secrets represented on this website and portal. You agree that in any dispute relating to this provision, that you and the organization on whose behalf you act hold the burden of verifying with clear and undoubted evidence that you solely possessed a particular trade secret prior to being exposed to the TransferMyRx portal and website. In any dispute arising from this portion of the Agreement, the dominant party shall have its expenses (including, but not limited to reasonable attorney fees) compensated for by the non-prevailing party.

22. DISCLAIMER:

You agree to indemnify and hold Four Leaf Rx, LLC (DBA TransferMyRx) safe from any claim asserted by a third party that involves, relates to, or concerns any of your actions or omissions on this order. Including, but not limited to your breach of the User Agreement, or your violation of any law or the rights of a third party.

23. Marketing Campaigns:

Occasionally, TransferMyRx works with third parties that conduct marketing campaigns where you can opt into receiving materials and where you agree to provide us with your Company name, contact information or any information used during the registration process. We use this information to fulfill your request for TransferMyRx materials and as specified by these marketing campaigns. If you receive materials you don’t want from us, please emailInfo@TransferMyRx.com and we’ll remove your contact info from our marketing lists.

24. Notification of changes in License status or Address:

All licensed professionals (Pharmacies, Pharmacists, Pharmacist-Interns, and Pharmacy Technicians) that utilize TransferMyRx and its services are to inform us via email (Info@TransferMyRx.com) within 3 business days of any changes in license status or change of address. After the allotted grace period of 3 business days, TransferMyRx reserves the right to terminate this agreement and your access to TransferMyRx’s services, as well as to recoup any funds that are owed to us by your organization or pharmacy.

Electronic Signature:

You agree that: (a) you have read, understand, are bound by, meet, and will continue to meet, all of the terms and conditions above, (b) agree that you are providing the legal equivalent of your handwritten signature, (c) agree to print and/or save a copy of this Agreement for your records, (d) and agree to receive text messages directly to the mobile number listed in the registration form. Members can text us back and type STOP to opt-out and we will disable this feature immediately or HELP if they need further assistance using this feature for an immediate response. This Agreement is effective upon completion of registration. Please scroll up through this Agreement to review important provisions regarding arbitration, limitation, and its content providers' liability, waivers and indemnities, and other important provisions.