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Prescribery Corp.
Terms of Use
Carefully read these terms and conditions of use (“Terms of Use”) as they govern your access to and use of
Prescribery Corp.'s (“Prescribery,” “we,” “us,” and “our”) Platform. Your acceptance of, and compliance with, these
Terms of Use is a condition to your use of the following: BeyondMD.com and SamaritanMD.com (collectively, our
“Websites”); Any Prescribery Software (our “Software”) Any products (“Products”) available for purchase through
our Website; and The services (“Services”) made available through our Website. The non-medical business
support services, our Website, App, and/or Software are collectively referred to as our “Platform.” Prescribery
contracts with Script Solutions II, LLC together with DTG II, PLC d/b/a BeyondMD or SamaritanMD (“Medical
Group”), which are independent medical groups with a network of United States-based health care providers
(each, a “Provider”) to provide online telehealth clinical consultations, services, and/or treatment. The professional
medical services provided by Medical Group through the use of our Platform are collectively referred to in this
Terms of Use as the “Services.”
By clicking “Accept,” you acknowledge that you have read in its entirety, understand, and fully accept all terms and
conditions contained in these Terms of Use, our Privacy Policy, and the Notice of Privacy Practices provided to you
by the Medical Group.
If you do not agree to be bound by these Terms of Use and our Privacy Policy, you are not authorized to access or
use our Platform and/or the Services; PROMPTLY EXIT THIS WEBSITE.
1. Services Provided: No Medical Care or Advice:
Prescribery is not a medical group and does not provide medical advice, care, and/or treatment. Prescribery
provides administrative and management services to independent, physician-owned and operated, medical
practices. Any telemedicine consults obtained through our Platform are provided by Providers, including but not
limited to the Medical Group. Prescribery licenses the “Prescribery” brand name to Medical Groups and other
affiliated medical practices that use our Platform to assist in providing Services. Each Prescribery-branded practice
is owned and operated by a licensed physician. There is no single provider of medical care called “Prescribery.”
Each Prescribery-branded practice engages a network of United States-based clinicians who provide clinical
telehealth services. The Providers deliver clinical services via the Platform to their patients. Prescribery does not,
own or operate the medical practices, employ or in any way supervise the clinicians providing medical care, and
control over the care provided, care provided is the sole responsibility of the independent medical practices and the
Providers they employ. Services and practices may vary across Providers, and patients should contact the
Providers at the Medical Group directly for all questions concerning their medical care.
2. Not For Emergencies:
Our Platform and Services are not for medical emergencies or urgent situations. You should not disregard or delay
seeking medical advice based on anything that appears or does not appear on our Platform. If you believe you are
experiencing an emergency, call 9-1-1 immediately. You should seek emergency help or follow-up care when
recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider
and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified
healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or
modifying any treatment.
3. Risk of Telehealth Services:
By using the Services, you acknowledge the potential risks associated with telehealth services. These include but
are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to
allow for appropriate medical or health care decision-making by the Provider; delays in evaluation or treatment
could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse
drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate
network and software security protocols to protect the privacy and security of health information, those protocols
could fail causing a breach of privacy of your health information.
4. Privacy Practices:
You agree that information provided by you in connection with the Platform and the Services shall be governed by
the Privacy Policy, which is hereby incorporated and made part of these Terms of Use. You also agree that
information provided by you in connection with the Services shall also be governed by the applicable Medical
Group Notice of Privacy Practices, and is hereby incorporated and made part of these Terms of Use.
5. Prescription Policy:
Certain products available through the Platform require a valid prescription by a licensed healthcare provider. You
will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers
through the Platform, the Provider has determined the prescription product is appropriate for you, and the Provider
has written a prescription. If a Provider determines a prescription product is appropriate for you and writes a
prescription, you may fill the prescription at any pharmacy of your choice as prompted during your use of the
Services. You agree that any prescriptions that you acquire from a Provider will be solely for your personal use.
You agree to fully and carefully read all provided product information and labels and to contact a physician or
pharmacist if you have any questions regarding the prescription. We fully honor patient freedom of choice and, if
you receive a prescription for a medication, you always have the option to instruct your Provider to transmit that
prescription to the pharmacy of your choice.
6. Not an Insurance Product:
We are not an insurer, nor do we offer an insurance plan or product. The amounts you pay to us for any Services
obtained through the Platform are not insurance premiums. If you desire any type of health or other insurance, you
will need to purchase such insurance separately.
7. Ownership of the Platform:
The Platform contains confidential and proprietary information, materials, data, databases, contents, processes,
methodologies, know-how, software, text, displays, images, video, audio, trademarks, logos, service marks,
features and functionality, and the design, selection and arrangement thereof, are owned by Prescribery, its
licensors or other providers of such material and are protected by United States and international copyright,
trademark, patent, trade dress, trade secret and other intellectual property or proprietary rights laws (collectively,
the “Content”). These Terms of Use permit you to use the Platform for your personal, non-commercial use only.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish,
download, store or transmit any of the material on our Platform, including but not limited to Content, except: (a)
your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing
those materials; (b) you may store files that are automatically cached by your Web browser for display
enhancement purposes; and (c) you may print or download one copy of a reasonable number of pages of the
Platform for your own personal, non-commercial use and not for further reproduction, publication or distribution.
8. Availability of Services:
Prescribery operates subject to state and federal regulations, and the Platform may not be available in your state.
You represent that you are not a person barred from enrolling for or receiving the Platform under the laws of the
United States or other applicable jurisdictions in which you may be located. Accessing the Platform from
jurisdictions where content is illegal, or where we do not offer the Platform, is prohibited.
9. Access to Platform, Security, and Restrictions; Passwords:
You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation,
(a) accessing data not intended for such user or logging onto a server or an account which the user is not
authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization; or (c) accessing or using the Platform or any
portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. You may
not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the
Platform, deep-link to any feature or content on the Platform, bypass our robot exclusion headers or other
measures we may use to prevent or restrict access to the Platform.
10. No Users Under 18 Years Old:
In order to access the Platform and the Services, you represent and warrant that you are 18 years old or older. If
you are under the age of 18, please do not attempt to register with us on the Platform or provide any personal
information about yourself to us. If we learn that we have collected personal information from someone under the
age of 18, we will promptly delete that information. If you believe we have collected personal information from
someone under the age of 18, please contact us at frontdesk@samaritanmd.com.
11. Your Account:
You agree to: (a) provide true, accurate, current, and complete information when registering to use the Platform
and establish your account (“Registration Information”) and (b) maintain and promptly update the Registration
Information to keep it true, accurate, current, and complete. If you provide any information that is untrue,
inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue,
inaccurate, not current, or incomplete, we may suspend or terminate your account. You are entirely responsible for
maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your
account.
12. Accuracy and Integrity of Information; Colors:
Although we attempt to ensure the integrity and accuracy of the Platform, we make no representations, warranties,
or guarantees whatsoever as to the correctness or accuracy of the Platform and Content thereon. It is possible that
the Platform could include typographical errors, inaccuracies, or other errors, and that unauthorized additions,
deletions, and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises,
please inform us so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies on the
Platform without notice.
13. Typographical Errors and Incorrect Pricing:
In the event a Product or Service is listed at an incorrect price due to a typographical error or error in pricing
information received from our suppliers or business partners, we shall have the right to refuse or cancel any orders
placed for a Product or Service listed at the incorrect price. We shall have the right to refuse or cancel any such
orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit
card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to
your credit or debit card account in the amount of the incorrect price.
14. Orders and Purchases:
Online Payments: You can purchase products or pay for Services on the Platform. To simplify the user experience
on the Platform, you are able to pay for your purchases via the Platform with Prescribery serving as a payment
processing agent on your behalf. If you elect to purchase a Service from a Medical Group, then the total price you
pay includes the amount charged by the Medical Group for service. We collect the amounts charged by the
Medical Group on your behalf and pass through to them the payment for their actual charges. Before making a
purchase, you will see an itemized invoice listing the actual charges by Medical Group for the Services. We accept
credit and debit cards issued by U.S. banks.
15. Order Acceptance:
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be
restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be charged until
your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some
situations that may result in your order being canceled include limitations on quantities available for purchase,
inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance
department.
16. Links to Other Sites:
We make no representations whatsoever about any other website that you may access through the Platform.
When you access a non-Prescribery website, please understand that it is independent from us and that we have no
control over the content on that website. In addition, a link to a non-Prescribery website does not mean that we
endorse or accept any responsibility for the content, or the use, of the linked website. It is up to you to take
precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms,
Trojan horses, and other items of a destructive nature.
17. Consent to Receive Calls, Text Messages, and Audio and/or Video Recording:
By providing your mobile number, you are agreeing to be contacted by or on behalf of Prescribery at the mobile
number you have provided, including text messages, to receive informational, product or service related messages
and communications relating to the Platform. Message and data rates may apply. To stop receiving text messages,
text a reply to us with the word STOP. Prescribery or your Provider may record (audio and video) all or part of your
interaction with us or them (“Recordings”). Such Recordings are used for quality assurance and training purposes,
to better deliver to you the products and services, and to help us improve the Platform.
18. CAN-SPAM Act and Telephone Consumer Protection Act Compliance:
Prescribery, Medical Group, and your Provider are committed to being compliant with the Controlling the Assault of
Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”) and the Telephone Consumer Protection Act
(“TCPA”). You consent to receive text messages from us as set forth in the above section. E-mails, newsletters,
and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the
event you receive an e-mail or text message from us that you do not believe is fully compliant with the CAN-SPAM
Act or the TCPA, please Contact Us.
19. Electronic Communications:
When you use the Platform, or send emails, messages, and other communications from your desktop or mobile
device to us, you are communicating with us electronically. You consent to receive communications from us
electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices,
disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such
notices and other communications be in writing.
20. External Services:
The Platform may enable access to Prescribery's and/or third-party services and websites, including social media
sites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk.
We are not responsible for examining or evaluating the content or accuracy of any third-party External Services,
and shall not be liable for any such third-party External Services. We reserve the right to change, suspend,
remove, disable, or impose access restrictions or limits on any External Services at any time without notice or
liability to you.
21. Supplemental Terms Applicable to Providers:
These supplemental terms apply to Providers in addition to the other provisions of these Terms of Use. To be a
healthcare provider using the Platform, you must be a licensed physician, nurse practitioner, or healthcare
professional contracted or employed by the Medical Group, and must agree to comply with all laws, medical board
rules, and other rules and regulations applicable to you as a Provider or otherwise. Your relationship with the
Prescribery users (including, but not limited to, your Medical Group patients) is directly between you and the
patient. The patient will never have a physician-patient relationship with Prescribery. Prescribery does not practice
medicine and offers no medical services. THE PLATFORM IS NOT MEANT TO SUBSTITUTE OR MODIFY YOUR
PROFESSIONAL JUDGMENT IN ANY WAY.
22. No Third Party Rights:
Unless expressly stated in these Terms of Use, nothing herein is intended to confer any rights, obligations, duties,
or remedies, on any person other than you, Prescribery, Medical Group, and their affiliates. Nothing in the Terms of
Use is intended to relieve or discharge the obligation or liability of any third persons to you, Prescribery, Medical
Group, and its affiliates, nor shall any provision give any third parties any right of subrogation or action against you,
Prescribery, Medical Group, and its affiliates.
23. Dispute Resolution; Litigation Agreement:
To the fullest extent permitted by law, each party to these Terms of Use waives its right to seek remedies in court,
including any right to a jury trial. Any controversy or claim arising out of or relating to these Terms of Use shall be
settled by binding arbitration conducted by JAMS according to its Comprehensive Arbitration Rules and
Procedures before a single arbitrator. The arbitration shall be held in Kent County, Michigan. FOR THE
AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT BY AGREEING
TO ARBITRATE ANY CLAIM OR CLAIMS ON AN INDIVIDUAL BASIS ARISING OUT OF OR RELATING TO
THESE TERMS, THE PARTIES WAIVE ALL RIGHTS TO A TRIAL BY JURY OR TO PROCEED AS PART OF A
CLASS IN ANY ACTION OR PROCEEDING.
24. Indemnification:
You agree to defend, indemnify, and hold Prescribery and any affiliates harmless from and against any and all
rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits arising directly or
indirectly out of or in connection with: (i) your use or misuse of the Platform, Products, Services, or any information
posted on the Platform; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of
any information you provide to Prescribery, Medical Group, your Provider, or a customer service agent; or (iv) any
negligent or wrongful act or omission by you in your use or misuse of the Platform.
25. Disclaimer of Warranties:
PRESCRIBERY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THE
PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE
RELATED TO THE PLATFORM, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF
INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT.
26. Limitation of Liability:
PRESCRIBERY AND ANY THIRD PARTIES MENTIONED ON THIS PLATFORM ARE NEITHER RESPONSIBLE
NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
PUNITIVE, OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR RELATING IN ANY WAY TO THE
PLATFORM, PLATFORM-RELATED SERVICES, SERVICE, CONTENT, OR INFORMATION CONTAINED
WITHIN THE PLATFORM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM,
PLATFORM-RELATED SERVICES, SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE
PLATFORM AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING
LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF
PRESCRIBERY TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM AND SERVICES IS $500 (FIVE
HUNDRED DOLLARS).
27. Force Majeure:
We will not be deemed to be in breach of these terms or liable or deemed to have defaulted for any breach of these
Terms of Use or our Privacy Policy for any failure or delay in fulfilling or performing any term of these Terms of
Use, when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control,
including, without limitation: (a) acts of God; (b) flood, fire, earthquake, explosion, pandemic, or epidemic; (c) war,
invasion, hostilities, terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e)
embargoes or blockades; (f) national or regional emergency.
28. Revisions; General:
Prescribery reserves the right, in its sole discretion, to terminate your access to all or part of the Platform, with or
without cause, and with or without notice. These Terms of Use constitute the entire agreement between
Prescribery and you pertaining to the subject matter hereof. In its sole discretion, Prescribery may from time to time
revise these Terms of Use by updating this posting. Your continued use of the Platform after revisions to these
Terms of Use shall constitute your agreement to the revised Terms of Use.
29. Contact Us
Prescribery Corp.
811 E. Kent Road Greenville, MI 48838
Telephone: 616-502-0238
E-mail: Ross@Prescribery.com
Contact for Physicians:
Email: Frontdesk@samaritanmd.com
Phone: 800.268.7723
