MyRXNT Terms of Service

I. SCOPE OF THESE TERMS
These terms only cover an End User’s use of MyRXNT. The Terms of Service for RXNT’s other applications (including but not limited to RXNT PM (Practice Management), RXNT EHR (electronic health records), RXNT Scheduler, and RXNT ERX (electronic prescribing) (collectively “RXNT Practice Products”)can be found here: https://www.rxnt.com/customer-agreement.

II. WELCOME TO MyRXNT
Thank you for choosing to use MyRXNT. RXNT provides MyRXNT to offer you secure, private access to your medical record maintained by your healthcare providers using RXNT Practice Products.

III. PROPRIETARY RIGHTS

a. License
Subject to the terms of this agreement, RXNT grants the End User a limited, non-exclusive, and nontransferable license to: (i) access the MyRXNT desktop version by URL or download, install, and use the MyRXNT mobile application for the End User’s personal, non-commercial use on any device owned or otherwise controlled by the End User during the term of this Agreement ("End User Device") strictly in accordance with the instructions and/or documentation provided to the End User from time to time; and (ii) access, stream, download and use on such End User Device the functionalities made available in or otherwise accessible through MyRXNT, strictly in accordance with these Terms.

a. Ownership
MyRXNT, including all content, features, and functionality, including, but not limited to, products, information, materials, text, graphics, photographs, illustrations, videos, displays, images, audio, music, button icons, data compilations, files, software, other works of authorship, and the design, selection, arrangement, and compilation thereof (collectively "Content"), and all intellectual property rights in MyRXNT, are retained by RXNT, our affiliates, our partners or our licensors, and are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries.

The End User acknowledges and agrees that MyRXNT is provided under license, and not sold, to the End User. The End User does not acquire any ownership interest in MyRXNT under these Terms, or any other rights thereto other than to use MyRXNT in accordance with the license granted, and subject to all terms, conditions and restrictions, under these Terms. RXNT and its licensors and any service providers reserve and shall retain their entire right, title, and interest in and to MyRXNT, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to the End User in these Terms.

b. Reservation of Rights by RXNT
The software, processes, user interface, designs, functionality, know-how, and other technologies provided by RXNT as part of MyRXNT are the proprietary property of RXNT and its licensors, and all right, title, and interest in and to such items, including all associated intellectual property rights, remain only with RXNT. RXNT reserves all rights unless expressly granted in this Agreement.

c. Trademarks and Intellectual Property Rights
MyRXNT may display logos and other registered trademarks and service marks of RXNT designated as such from time to time on MyRXNT through use of the TM, SM, or ® symbols. The trademarks, logos, service marks, and product marks displayed on MyRXNT are the registered and unregistered marks of RXNT, our affiliates or related companies, our partners, or our licensors, and are protected by U.S. and international trademark laws. End Users of MyRXNT are not authorized to make any use of the RXNT marks or the proprietary marks of third parties, including but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by RXNT or the applicable third party.

IV. USE OF MYRXNT

a. Requirements
The End User acknowledges and agrees that MyRXNT is intended as a secure online means for the End User to access End User’s medical record in an account (“End User’s Account”). It is the End User’s responsibility to:

• Select a confidential password for End User’s Account and maintain that password in a confidential and secure manner.
• Authorize, monitor, and control access to and use of End User’s Account, username, and password. If the End User shares or loses the username or password for End User’s Account, this may allow another person to gain access the End User’s medical record or other personal information.
• Log out completely from the End User’s Account at the end of each session using MyRXNT.

RXNT has no responsibility concerning any breach of the End User’s medical record or personal information due to the End User sharing or losing End User’s username or password. RXNT shall not be liable for any loss or damage that the End User may incur as a result of someone who is not the End User accessing and using the End User’s account or password. The End User must, if the End User believes that the confidentiality of End User’s password has been compromised, immediately change the password, and notify us at [email protected].

b. End User Restrictions and Responsibilities
End User may not (i) sell, resell, rent or lease MyRXNT, use MyRXNT beyond its internal operations, (ii) use MyRXNT to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights (including without limitation any privacy rights), (iii) interfere with or disrupt the integrity or performance of MyRXNT, (iv) attempt to gain unauthorized access to MyRXNT or its related systems or networks, (v) reverse engineer MyRXNT or remove or modify any proprietary marking or restrictive legends in MyRXNT, (vi) use MyRXNT in violation of any law, including without limitation, HIPAA, Telephone Consumer Protection Act and any spam laws (for example, CAN SPAM), or (vii) access MyRXNT to build a competitive product or service, or copy any feature, function or graphic of MyRXNT for competitive purposes. End User is solely responsible for End User Information, must use commercially reasonable efforts to prevent unauthorized access to MyRXNT, must notify RXNT promptly of any such unauthorized access, and may use MyRXNT only in accordance with its user guide and applicable law.

c. Accuracy of Information Provided by End User
End User represents and warrants to RXNT that all End User Information and other material provided under End User’s Account, by End User or on End User’s behalf, is true, correct and accurate. If End User learns that any of End User Information provided to RXNT as part of MyRXNT is not true, correct or accurate, End User must immediately notify RXNT by phone and in writing of this fact, and provide the true, correct and accurate information to RXNT. RXNT relies on End User’s representations regarding the truth, accuracy, and compliance with laws of End User’s information. RXNT IS NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY END USER’S FAILURE TO COMPLY WITH THIS PARAGRAPH, IRRESPECTIVE OF ANY ACT OR OMISSION ON THE PART OF RXNT.

d. End User Information
All data, information, images, and files entered or uploaded by End User to MyRXNT remains the sole property of End User, as between RXNT and End User (End User Information), subject to the other terms of this Agreement. End User grants RXNT a non-exclusive, royalty-free license to modify, store, transmit, and otherwise use the End User’s information for purposes of RXNT performing under this Agreement.

e. Age Restrictions
End Users are not eligible to use MyRXNT unless they are at least 18 years of age and otherwise are fully able, competent, and otherwise have the legal capacity to enter into a binding contract, and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and our Privacy Policy found here: https://www.rxnt.com/privacy-policy/.

If the End User is an unemancipated minor over the age of 13, the End User may only use MyRXNT if such use has been approved of by the End User’s parent or legal guardian, the End User uses MyRXNT under End User’s parent or legal guardian supervision, and the End User’s parent or legal guardian has agreed to this Agreement on the End User’s behalf.

If the End User is a parent or legal guardian of an unemancipated minor, the End User may use MyRXNT and enter into this Agreement on behalf of such minor. By entering into this Agreement, the End User represents and warrants that they have the legal capacity to act on behalf of such minor; and they agree, in such capacity, that all provisions of this Agreement that are applicable to them are equally applicable to such minor.

Under state and Federal law, there are certain types of medical information that a parent or legal guardian of a minor patient may not view without the consent of such minor patient. As a result, MyRXNT may not be available to parents or legal guardians for certain minor patient’s medical records without the minor patient’s authorization and consent.

If you believe your child has mistakenly or incorrectly provided personal information to MyRXNT, please contact [email protected].

f. User Account
Access and use of MyRXNT is voluntary and at the End User’s discretion. The End User is not required to enroll in, access, or use MyRXNT in order to receive services from a healthcare provider using RXNT EHR or RXNT PM. MyRXNT contains limited medical information from the End User’s medical records and does not include the complete contents of the End User’s medical records. The End User can obtain a full or more complete copy of the End User’s medical records from the End User’s healthcare provider.

g. Connection and Hardware Requirements; Third-Party Carriers and Costs
The End User is responsible for providing and maintaining, at End User’s own risk, option, and expense, any hardware, software, and communication lines required to access and use MyRXNT. RXNT reserves the right to change the access configuration of MyRXNT at any time without prior notice.

Use of the mobile application to access MyRXNT will require a smart device. Unless otherwise agreed in writing between the parties, all equipment is provided solely by the users of MyRXNT. RXNT bears no responsibility for the operation or support, maintenance or repair of any equipment, software, or services that the End User elects to use in connection with MyRXNT.

MyRXNT communicates via internet and/or cellular data service provided by independent carriers. The internet or cellular data service provided by the independent carriers may fail or go off-line from time to time, and during any such outage MyRXNT will be unable to transmit and receive information. RXNT may not receive timely notice of the communications outage from the independent carriers. RXNT is not obligated to provide MyRXNT functions during any such outages. Cellular networks and internet providers may be regulated by federal and state agencies and changes in rules and regulations may require us to modify or terminate MyRXNT. THE END USER AGREES THAT RXNT TAKES NO RESPONSIBILITY FOR AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM ANY INACCURACIES OR DEFECTS IN THE INFORMATION, SOFTWARE, COMMUNICATION LINES, INTERNET OR THE END USER’S INTERNET SERVICE PROVIDER ("ISP"), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT THE USER USES TO ACCESS MYRXNT.

V. Accuracy of Information; Errors; Connection Requirements

a. Accuracy of Information
RXNT will use reasonable efforts to keep MyRXNT free from error, but RXNT cannot guarantee the completeness, accuracy, availability, reliability or adequacy of MyRXNT information or performance. RXNT cannot guarantee MyRXNT itself will be fault-free, but RXNT will attempt to correct reported faults in a reasonable time frame.

b. Errors
MyRXNT may contain typographical errors, inaccuracies, or other errors or omissions. Third parties may make unauthorized deletions, additions, or alterations to MyRXNT without RXNT’s knowledge. If information found on MyRXNT appears to be inaccurate or unauthorized, please inform us by contacting [email protected].

c. Updates and Configuration
RXNT may from time to time in its sole discretion develop and provide MyRXNT updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality of MyRXNT. The End User agrees that RXNT has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of MyRXNT. End User’s failure to promptly download and install all mobile application Updates may result in MyRXNT not operating properly. The End User further agrees that all Updates will be deemed part of MyRXNT and be subject to all terms and conditions of these Terms.

VI. NO MEDICAL ADVICE
MyRXNT does not provide medical advice, provide medical or diagnostic services, or prescribe medication. The use of MyRXNT is not a substitute for the professional judgment of health care providers in diagnosing and treating patients. MyRXNT is not intended to replace or overrule the judgment or diagnosis of a physician or licensed healthcare professional and shall not be used as the basis for making any diagnosis or treatment recommendation. RXNT does not warrant the accuracy or completeness of the content or information contained in MyRXNT. End User agrees that they are solely responsible for verifying the accuracy of information and for all of End User’s decisions or actions with respect to medical care, treatment, and well-being, including without limitation, all of End User’s acts or omissions. Any use or reliance by End User upon the Services will not diminish that responsibility. End User assumes all risks associated with End User’s use of or reliance on MyRXNT. Neither RXNT nor its licensors assume any liability or responsibility for damage or injury (including death) to End User, other person, or tangible property arising from any use of MyRXNT.

End User should seek emergency help or follow up care when recommended by End User’s healthcare provider or when otherwise needed. End User should continue to consult with End User’s primary healthcare provider and other healthcare professionals as recommended. Always seek the advice of a qualified physician or other qualified health care professional concerning questions End User may have regarding a medical condition and before starting, stopping, or modifying any treatment or medication.

MyRXNT is not intended for medical emergencies or urgent situations. End User should not disregard or delay seeking medical advice or attention based on anything that appears or does not appear on MyRXNT. If End User believes they are experiencing an emergency, call 9-1-1 immediately.

VII. TERM AND TERMINATION

a. Term
The effective date of this Agreement is the date on which End User taps the “accept” button, accesses, or uses MyRXNT. This Agreement is effective until terminated. End User may terminate this Agreement by deleting the End User’s account and removing MyRXNT from End User’s device.

b. Termination by RXNT for Material Breach
RXNT will terminate this Agreement immediately without notice to End User if End User fails to comply with any provision of this Agreement. Upon termination, End User must delete or otherwise remove MyRXNT from End User’s device.

c. Suspension or Termination for Violation of Law or the Agreement
RXNT may immediately suspend or terminate End User’s access to and use of MyRXNT if it in good faith believes that, as part of using MyRXNT, End User may have violated a law or any term of this Agreement. RXNT may try to contact End User in advance, but it is not required to do so.

VIII. INDEMNITY

a. End User’s Indemnification Obligations
To the extent allowed by applicable law, End User must indemnify, defend, and hold harmless RXNT against all third-party claims (including without limitation by governmental agencies), demands, damages, costs, penalties, fines, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to:

• the use of MyRXNT by End User,
• End User’s breach of any term in this Agreement,
• any unauthorized use, access or distribution of MyRXNT by End User,
• the breach by End User of any third party’s patent, trademark, copyright, trade secret or other intellectual property rights, or
• violation of any individual’s privacy rights related to information submitted under End User’s account, or fraudulent, invalid, duplicate, incomplete, unauthorized, or misleading information submitted under End User’s account or by End User.

b. RXNT’s Indemnification Obligations
To the extent allowed by applicable law, RXNT must indemnify, defend, and hold harmless End User against all third-party claims (including without limitation by governmental agencies), demands, damages, costs, penalties, fines, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to:

• RXNT’s breach of any term in this Agreement, or
• the breach by RXNT of any third party’s patent, trademark, copyright, trade secret or other intellectual property rights.

c. Indemnification Procedures
The party seeking indemnification (“Indemnitee” ) shall: (a) promptly notify the indemnifying party (“Indemnitor”) in writing of any such claim, (b) give sole control of the defense and settlement of any such claim to Indemnitor (provided that Indemnitor may not settle any claim in a manner that adversely affects Indemnitee’s rights, imposes any obligation or liability on Indemnitee or admits liability or wrongdoing on the part of Indemnitee without Indemnitee’s prior written consent), and (c) provide all information and assistance reasonably requested by Indemnitor, at Indemnitor’s expense, in defending or settling such claim. Indemnitee may join in defense with counsel of its choice at Indemnitee’s own expense.

IX. Limitation of Liability; Limitation of Time to File Claims
To the extent RXNT’s liability has not been excluded or limited under these Terms, our aggregate liability arising out of or in connection with these terms, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, will not exceed $500. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between RXNT and the End User. The End User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to MyRXNT or these Terms must be filed within one (1) year after such claim or cause of action arose or such claim or cause is barred.

X. GOVERNING LAW

a. Governing Law
This Agreement is governed by the laws of the State of Maryland (without regard to conflicts of law principles) for any dispute between the parties or relating in any way to the subject matter of this Agreement.

b. Consent to Jurisdiction
End User consents to the personal jurisdiction and service of process in any federal or state court sitting in the State of Maryland.

c. Equitable Relief
Notwithstanding another provision of this Agreement, RXNT may seek an obtain injunctive and equitable relief in any court of competent jurisdiction without restriction or required process in this Agreement.

d. PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS
EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL PARTY BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, CLASS OR REPRESENTATIVE PROCEEDING.

XI. Representations and Warranties; Disclaimers
RXNT WILL ATTEMPT TO PROVIDE MYRXNT WITHOUT INTERRUPTION, BUT ACCESS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING MYRXNT. RXNT DOES NOT GUARANTEE THAT END USERS WILL BE ABLE TO ACCESS MYRXNT AT ANY TIME OF END USER’S CHOOSING OR THAT MYRXNT WILL PERFORM WITHOUT INTERRUPTION. RXNT CANNOT GUARANTEE THAT MYRXNT WILL BE ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO THE END USER. SHOULD THE END USER HAVE CAUSE TO BELIEVE THAT END USER’S INFORMATION ON MYRXNT IS NOT ACCURATE OR THAT THERE IS AN ERROR WITH MYRXNT, PLEASE CONTACT [email protected]. RXNT RESERVES THE RIGHT TO TERMINATE END USER’S ACCESS TO MYRXNT AT ANY TIME WITHOUT CAUSE OR NOTICE.

ADDITIONALLY, THE END USER IS RESPONSIBLE FOR PRINTING COPIES OF OR EXPORTING END USER’S INFORMATION IF END USER WANTS TO HAVE THE INFORMATION AVAILABLE IN THE EVENT THAT MYRXNT IS UNAVAILABLE.

XII. OTHER TERMS

a. Reminders, Statements, and Other SMS Messages
You agree that by accessing and using MyRXNT constitutes a request for RXNT to send email, fax, phone call, or SMS reminders about upcoming appointments, billing statements, prescription reminders, and health record updates. RXNT is not responsible for any text messaging or data transmission fees. If you provide a mobile phone number and agree to receive communications from RXNT, you specifically authorize RXNT to send text messages or calls to such number. You represent and warrant that you have the authority to grant such authorization. You are not required to consent to receive text messages or calls as a condition of using MyRXNT and may opt out of such messages through MyRXNT.

b. Advertisements and Third-Party Messages
RXNT reserves the right to place advertisements or messages from third parties on webpages of MyRXNT (collectively, “Third-Party Messages”). Such advertisements or messages from third parties may be visible to End Users. The manufacturers, service providers, distributors, and resellers of the products and services identified in the Third-Party Messages are solely responsible for the accuracy of their messages and not the suitability, efficacy, safety, and quality of such products or services.

The manner in which the End User’s Personal Information may be used in relation to targeting and/or delivering Third-Party Messages is governed by applicable provisions of our Client Services Privacy Policy. Third-Party Messages may vary by state.

RXNT is not responsible for and does not endorse any Third-Party Messages or any other third-party content or services and does not make any representations or warranties regarding their quality, content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, security, or privacy practices. Third-Party Messages and any other third-party content, services, or websites are provided solely as a convenience to the End User, and the End User accesses and uses them entirely at End User’s own risk and subject to such third parties' terms and conditions. RXNT further does not endorse any third-party service providers (including healthcare providers), products, services, opinions, or web sites accessed through MyRXNT.

RXNT MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THE END USER’S USE OF ANY THIRD-PARTY SERVICE, MESSAGES, OR CONTENT. Please review the privacy statement and any terms of use for Third-Party Messages or any other third-party content, services, or website accessed through MyRXNT.

c. Collection and Use of Data and Information
The End User acknowledges that when they register for and use MyRXNT, RXNT may give the End User the opportunity to provide RXNT with certain information, including protected health information. For further information on how RXNT collects, uses, and protects your information, see our Client Services Privacy Policy.

d. End User Feedback
If you submit a review, suggestion, or any other such feedback to RXNT, you grant RXNT a perpetual, worldwide, royalty-free, non-exclusive license to use, implement, reproduce, modify, adapt, publish, translate, distribute, and display such Feedback without further compensation or notification to you.

e. Aggregation Services and De-Identified Data
To the extent that we receive PHI from our customers that are Covered Entities under HIPAA, we may use such information to provide data aggregation services, as defined in HIPAA, and to create de-identified data in accordance with 45 CFR 164.514(a)-(c) retaining all ownership claims relating to the de-identified data RXNT creates from PHI. RXNT may use, during and after this agreement, all aggregate non-identifiable information and de-identified data for purposes of enhancing our services, technical support, and other business purposes, all in compliance with the HIPAA Privacy Standards, including without limitation the limited data set and de- identification information regulations.

f. Charges or Fees
MyRXNT is presently provided free of charge, but RXNT reserves the right to charge for MyRXNT in the future. Should a charge be introduced, MyRXNT users will have the option to discontinue use of MyRXNT.

g. Beta Features
If End User is invited to access any beta features of MyRXNT or an End User accesses any beta features of MyRXNT, End User acknowledges that: (a) such features have not been made commercially available by RXNT; (b) such features may not operate properly, be in final form or fully functional; (c) such features may contain errors, design flaws or other problems; (d) it may not be possible to make such features fully functional; (e) use of such features may result in unexpected results, corruption or loss of data, or other unpredictable damage or loss; (f) such features may change and may not become generally available; and (g) RXNT is not obligated in any way to continue to provide or maintain such features for any purpose in providing MyRXNT. These beta features are provided AS IS, with all faults. End User assumes all risk arising from use of such features, including, without limitation, the risk of damage to End User’s computer system or the corruption or loss of data.

h. Consent to Electronic Notice, Communications and Transactions
By using the Services, End User agrees to conduct business electronically and acknowledges that End User has read the Customer Disclosures: Electronic Business Transactions, Signing Documents Electronically, and Receiving Electronic Notices and Disclosures, located at https://www.rxnt.com/customer-disclosures/.

For purposes of messages and notices about the MyRXNT (including without limitation, collections and payments issues), RXNT may send email notices to the email address associated with End User's account or provide in-service notifications. RXNT HAS NO LIABILITY ASSOCIATED WITH END USER'S FAILURE TO MAINTAIN ACCURATE CONTACT INFORMATION WITHIN THE SERVICES OR ITS FAILURE TO REVIEW ANY EMAILS OR IN-SERVICE NOTICES. End User will have the ability to enter into agreements, authorizations, consents, and applications; or engage in other transactions electronically. END USER AGREES THAT ITS ELECTRONIC SUBMISSIONS VIA THE SERVICES IN CONNECTION WITH SUCH ACTIVITIES CONSTITUTE ITS AGREEMENT TO BE BOUND BY SUCH AGREEMENTS AND TRANSACTIONS AND APPLIES TO ALL RECORDS RELATING TO SUCH TRANSACTIONS. End User represents and warrants that it has the authority to take such actions.

i. Entire Agreement and Changes
This Agreement constitutes the entire agreement between the parties, and supersede all prior or contemporaneous negotiations or agreements, whether oral or written, related to this subject matter. End User is not relying on any representation concerning this subject matter, oral or written, not included in this Agreement. No representation, promise or inducement not included in this Agreement is binding.

j. No Assignment
Neither party may assign or transfer this Agreement to a third party, except that this Agreement may be assigned (without the consent) as part of a merger, or sale of all or substantially all of the business or assets, of RXNT.

k. Telephone Consumer Protection Act of 1991

Definition of TCPA
This Section concerns compliance with the Telephone Consumer Protection Act of 1991, located at 47 U.S.C. §§ 227 et seq., including the implementing regulations therefore located at 47 C.F.R. 64.1200 et seq. (TCPA) and the Telemarketing Sales Rule authorized by the Telemarketing and Consumer Fraud and Abuse Prevention Act, located at 15 U.S.C. §§ 6101-6108 (TSR) and the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, located at 15 U.S.C §§ 7701 7713 (CAN SPAM Act).

End User’s Responsibilities
As between End User and RXNT, End User must comply and be solely responsible for complying with all laws governing any messages sent or received in connection with its access or use of MyRXNT, including without limitation, the TCPA, TSR, and CAN SPAM Act.

End User is responsible for “opting-out” of receiving any such messages and/or emails. End User is solely liable for, and must indemnify, defend and hold harmless RXNT from and against any and all damages, liabilities, judgments, fees, fines, costs and expenses (including reasonable attorneys’ fees) incurred by RXNT arising from any claims, demands or legal actions made against RXNT resulting from End User’s failure to comply with this Section.

l. Government Users
MyRXNT and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202–1 through 227.7202–4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

m. Waiver
RXNT’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision or of any other rights or provisions in these Terms.

n. No Agency
Nothing contained in these Terms creates an agency, partnership, or other form of joint enterprise between the End User and RXNT.

o. Severability
If a court or tribunal should find that one or more rights or provisions set forth in these Terms are invalid, the End User agrees that the remainder of the Terms will remain in full force and effect and that the invalid provision will be enforceable to the fullest extent permitted by law. We will amend or replace such provisions with ones that are valid and enforceable, and which achieve, to the extent possible, our original objectives and intent as reflected in the original provisions.

p. Compliance with Medical Retention Laws and Patient Records Access.
The User agrees that the User and the User’s medical provider are responsible for understanding and complying with all state and federal laws related to retention of medical records, access to information and authorization to release data.

q. Export Control
MyRXNT mobile application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. The End User shall not, directly or indirectly, export, re-export, or release the mobile applications to, or make the mobile application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule or regulation. The End User shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the mobile applications available outside the U.S.

r. App Store Terms of Use
The following terms apply to any application accessed through or downloaded from any third-party app store or distribution platform (like the Apple App Store or Google Play) where MyRXNT may now or in the future be made available (each an “App Provider”). The User agrees to comply with the App Provider terms of service, as applicable. The User acknowledges that the availability of the mobile applications may be dependent on the App Provider from which the User receives the mobile applications. The User acknowledges these Terms are between the User and RXNT and not with the App Provider. The App Provider is not responsible for the mobile applications, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). The User acknowledges that the App Provider (and their respective subsidiaries) are third party beneficiaries to these Terms and will have the right to enforce these Terms against the User.

CONTACT US:
If you have any questions regarding these Terms, please contact us by email at
[email protected].