This Platform is a web-based, booking, ordering, and patient management system for medical offices, patients, employers, and pharmacies and other approved users. Your use of this Platform is subject to and indicates your acceptance of a limited, revocable, non-exclusive, non-transferable, non-sub-licensable license to use this Platform as-is solely for your own internal business purposes and subject to the following provisions:
Use of the Care Connect and Care Check-In Platform. The Platform allow users to receive and transmit specific patient information, including demographics, insurance information, medical history and medications. The Platform also serves as the system for recordation of certain patient pharmacy encounters.
This Platform allows authorized users to generate certain informational documents intended to be sent to a patient’s health care provider. Such informational documents sent to the patient’s health care provider, can communicate relevant information based on the pharmacy encounter.
This Platform may allow authorized users to submit claims for payment pharmacy encountersto the patient’s health plans, health insurers and employers.
The Platform may include product information, reference materials and other resources designed to provide education regarding this Platform and other relevant matters. Such training materials (e.g., training modules, webinars, information sheets, etc.) may be viewed and downloaded for educational purposes by authorized Platform users only. Any other use requires the express prior written permission of MakoRx or the Platform.
This Platform may include certain documents, designed to be printed as brochures, pamphlets or flyers, designed to promote specific products or services to health care professionals and/or their patients. Such promotional materials may be viewed and downloaded and are intended to be reproduced and distributed; however, the promotional materials may not be modified in any way without the express prior written permission of the Platform orMakoRx.
3. Accuracy of Content, Generally. While MakoRx or the Platform strive to provide accurate information including through periodic updates, there is no guarantee that information presented through this Site will be accurate, timely or complete. The Platform or MakoRx shall not be responsible for any consequences arising from your reliance on the accuracy of any information presented through this Platform. This statement includes member information, educational and promotional materials.
4. No Medical Advice. You acknowledge and agree that information presented through this Site is not medical advice and is not intended to replace consultation with a licensed health care professional. Further, you acknowledge and agree that the Platform shall not be held liable for any claims, including personal injury or death, arising from or in any way relating to use of the information presented through this Site.
5. Prohibited Behavior. You must not use this Site to interfere with or disrupt the proper operation of this Platform in any manner that may adversely affect the Platform, MakoRx or any third party, including using this Site to do any of the following prohibited actions:
- Harm minors in any way;
- Engage in excessive use of this Platform with the intent to crash, disrupt or impair the fair use by others;
- Use this Platform for any purpose or in any matter that violates any local, state, or federal law or regulation or the law or regulation of any foreign government;
- Upload or otherwise transmit any information or material that infringes or violates any patent, trademark, copyright or other intellectual property right, privacy right or publicity right of any person or entity;
- Post or transmit any information that is illegal, threatening, libelous, defamatory, obscene, religious, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person or any other information or materials that constitute a crime, give rise to a civil action or otherwise violate any law or a confidentiality agreement that you have with a third party;
- Impersonate another person or entity, including without limitation a representative of MakoRx LLC, falsely represent or misrepresent your affiliation with another person or entity, forge headers, or otherwise manipulate identifiers that would disguise the origin of any content;
- Upload or otherwise transmit any material that contains software viruses, or any other code, files or programs designed or known to disable, interrupt or limit the functionality of any computer hardware, computer software or telecommunications equipment or facility.
6. Links to Other Websites. Links to third-party websites on this Platform, if any, are provided solely as a convenience to you. If you use these links, you will leave the Site. The Platform has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. As a result, the Platform and MakoRx does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.
8. Disclaimer of Warranties. Use of this Site is solely at your own risk. This Site is provided on an “as is” and “as available” basis. The Platform and MakoRx, LLC expressly disclaims all warranties of any kind with respect to this Platform, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property. The Platform and MakoRx make no warranty that this Platform will meet your requirements, be uninterrupted, timely, secure, current, accurate, complete, error free, or that certain results may be obtained by use of this Platform. If you have any concerns about the contents or use of this Platform, you should contact MakoRx using the Contact Us information on the website.
The Platform may make changes to this Platform at any time and without notice. Some materials and data may be out of date and the Platform makes no commitment to update the materials available on this Platform. Information published on this Platform may refer to products, programs or services that are based on contractual agreements and are not available to every user. Please note that some jurisdictions may not allow the exclusion of implied warranties. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
9. Disclaimer of Content. You understand and acknowledge that the Platform and MakoRx assumes no responsibility to screen or review content provided as part of this Site that is originated by parties other than the Platform, and that the Platform shall have the right, but not the obligation, in its sole discretion to monitor, refuse and remove any content that is available on this Site. The Platform expressly disclaims all responsibility or liability to you or any other person or entity for the performance or nonperformance of content review. You acknowledge and agree that you assume all risk associated with the use of any and all content contained within this Platform.
10. Social Media. The Platform and MakoRx may include links to various social media platforms such as LinkedIn, Facebook and Twitter on this Site and encourage user feedback. Such links are for internal information purposes and does not reflect legal connection with, warranty or promotion of the social networks by the Platform and MakoRx.
11. Limitation of Liability. Unless otherwise contractually agreed, the Platform shall not be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages arising out of access, use or inability to use this Platform or any websites linked, including without limitation, damages for loss of profits, goodwill, use, data loss, or other losses or any errors or omissions in the content of any or all such websites or platforms whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
15. Intellectual Property.
a. Trademark. The associated Platform names are a trademark of MakoRx, LLC. Other trademarks are owned by MakoRx, or are owned by and used with the permission of their third-party owners, as indicated. You agree not to use or display trademarks without the prior written consent of MakoRx or the owner of such mark.
b. Copyright. The content of this Platform is owned by MakoRx (or licensed from third parties) and is protected under United States of America copyright laws. Certain materials are used by permission of their respective owners. Such content, including but not limited to graphic images, buttons, and text related to the Platform and MakoRx products, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed by someone without authority to use the Platform and not in any way intended for use as outlined by Agreement, without the prior written permission of MakoRx.
17. Notice. The Platform or MakoRx may provide notice to you by email, regular mail, certified mail or return receipt requested to the address you provided to the Platform in the Pharmacy Network Agreement or the Platform agreement, as applicable.