COVID-19 Response: ManifestRx is operating at full capacity and we do not expect any shortages, pricing changes or delays in filling prescriptions. If you are unable to see your personal physician, we are offering telemedicine consultations.

Terms Of Use

Acceptance of Terms of Use

Welcome to the Site of ManifestRx (“the Site” or “ManifestRx”) (“we,” “us,” or “our”), which is owned and operated by Advanced Pharmacy Concept LLC. The Site is intended to, among other activities, act as a technology platform that enables users to: i) coordinate and communicate with health care professionals through telemedicine support services provided by LT Health, LLC and its affiliated health providers; and ii) connect with pharmacy services provided by Advanced Pharmacy Concepts LLC. All tools, features, functionality, resources, programs, and services made available by us on or through this Site are referred to as the “Services” (and individually as a “Service”) in these Terms of Use.

These Terms of Use, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on the Site in relation to a specific service or feature (collectively, “Terms of Use”) and our Privacy Policy, form a legal agreement between the Site and you, the individual (“you” or “your”) concerning your access to and use of the Site.

Please read the Terms of Use carefully before you access or start to use the Site. By using the Site, you agree to bound to and comply with these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use, you must not access or use this Site.

FURTHER, THESE TERMS OF USE CONTAIN AN ARBITRATION AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. YOU SHOULD REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING OR USING THE SITE OR SERVICES.

This Site is offered and available to users who are 18 years of age or older and reside in the United States and located in certain states where we operate. By using this Site or registering as a user, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements, and you are agreeing to legally bind yourself to these Terms of Use. If you do not meet all of these requirements or do not wish to be bound by these Terms of Use, you must not access or use the Site.

Limited License

Upon your acceptance of these Terms of Use, we grant you a revocable, non-exclusive, non-transferable, limited license to access and view this Site and the Site materials. All rights not expressly granted to you herein are reserved by Us; there are no implied licenses under these Terms of Use. The license granted to you in these Terms of Use is expressly conditioned on your continued compliance with these Terms of Use.

Modifications to Terms of Use

Please note that we may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site as a visitor or registered user following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this Site so you are aware of any changes, as they are binding on you. If you object to any provision of these Terms of Use or any subsequent modification, or become dissatisfied with the Site in any way, your sole recourse is to immediately terminate your use of the Site.

Changes to the Site

We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material or content on the Site may be out-of-date at any given time, and we are under no obligation to update such material or content.

Services Available on the Site/Not Medical Advice

This Site is intended to facilitate the provision of the Services to registered users. Among other things, the Services may include: (i) the provision of pharmacy services; (ii) prescription pricing and information; (iii) administrative support in connection with scheduling, payment for health care provider services, and payment for pharmacy services; and (iv) telecommunications support for using the Services as a means of direct access to pharmacy providers [INCLUDE PC NAME HERE] and similar affiliated professional entities for, among other things, communication and consultation.

The contents of the Services are for informational purposes only. ManifestRx does not provide medical advice or care. Nor does ManifestRx endorse any specific medication, pharmacy, or pharmacologic product. Rather, we provide a technology platform for you, serves as an intermediary between you and the telehealth services provided by LT Health, LLC and the health care providers employed or contracted with [NAME OF PC] or similar affiliated professional entities and any pharmacy services provided by [NAME OF PHARMACY], which you may or may not choose to utilize in planning your health care and wellness.

Your interactions with any medical or healthcare professionals contracted with the medical groups providing telehealth services on the Site (collectively, the “Providers,” individually, the “Provider”) are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. We do not offer advice regarding the quality or suitability of any particular medical or health care professional for specific treatments or health conditions, nor do we make any representations or warranties about the training or skill of any Providers who deliver Services via the Site.

Neither ManifestRx, nor any third party who may promote the Site or services, shall be liable for any professional advice obtained from a Provider via the Site or Services, nor any information obtained on the Site. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site or Services is solely at your own risk, and you assume full responsibility for all risks associated herewith

If you have a medical emergency, immediately call your doctor or dial 911.

Consent to Telehealth Services

Telemedicine involves the use of technology (e.g., computers, videos, phone, and messaging) by a medical professional or health care provider to diagnose and treat patients in a remote location. Telemedicine may be used for, among other things. diagnosis, treatment, follow-up visits, remote health care management, and preventative care support. The use of technology allows interactions between a patient and a health care provider via audio, video and/or data communication and provides for the electronic transmission of medical records, photo images, personal health information, and other data.

The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information and imaging data and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.

Please see and refer to the Consent to Telehealth Services available on the Site for further information regarding the risks and benefits associated with telemedicine. The Consent to Telehealth Services is incorporated herein by reference and constitutes a provision of these Terms of Use.

Pharmacy Services

If you receive a prescription as a result of the Services, you may select one of our partner pharmacies (collectively, the “Pharmacy Network”) to ship your prescription. You give us consent to send and disclose to the Pharmacy Network all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location and demographic information) so that you may receive pharmacy services.

Registration and User Accounts

The Services are available only to users who have registered with this Site and to other persons affiliated with ManifestRx (“Registered Users”).

As a Registered User, you agree to provide information that is accurate, complete, and correct, and you further agree to maintain accurate and up-to-date information about yourself that you have submitted on or through the Site. Failure to maintain such information may, in our sole discretion, lead to immediate termination of your account.

You are solely responsible for all account activities and for maintaining the confidentiality of your registered account password. You may not transfer or share your password with anyone or create more than one registered account.

You agree to immediately notify us of any unauthorized use or your username, password, or any other breach of security immediately upon become aware of such unauthorized user, by emailing us at [INSERT EMAIL ADDRESS HERE].

Accessing the Site and Account Security

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.

You are responsible for:

To access the Site or some of the resources it offers, you may be asked to provide certain information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to this Site is governed by our Privacy Policy [INSERT AS LINK TO SITE’S PRIVACY POLICY], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Prohibited Uses and Conduct

You may use the Site (and your Registered Account) only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

Additionally, you agree not to:

You agree that we may take any measures we deem appropriate, in our sole discretion, to prevent the violation of, and to enforce, these Terms of Use. You agree that we may take any actions permitted or required by law (including the suspension or termination of your account or your access to the Site and the Services) if we believe, in our sole discretion, that you are engaging in activities that (i) violate these provisions (or other terms in these Terms of Use), (ii) could expose us or our vendors or business partners to liability, or (iii) could harm our business reputation.

User-Generated Content

We may, in our sole discretion, permit you from time to time to submit, upload, publish, or otherwise make available to us through the Site or Services extual, audio, and/or visual content and information, including commentary, testimonials and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User-Generated Content”).

You understand that all User-Generated Content, including but not limited to profile or registration information, is the sole responsibility of the person from which such User Content originated. This means that you, not ManifestRx, are entirely responsible for all User-Generated Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will ManifestRx be liable in any way for any User-Generated Content.

You acknowledge that we may or may not pre-screen Use-Generated Content, but that we, and our designees, have the right (but not the obligation) in our sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User-Generated Content available via the Site or Services. Without limiting the foregoing, we, and our designees, shall have the right to remove any User-Generated Content that violates these Terms of Use or is otherwise objectionable in our sole discretion.

With respect to User-Generated Content you submit or otherwise make available on or to the Site or Services, you grant us an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User-Generated Content (in whole or in part), and to incorporate such User-Generated Content into other works, in any format or medium now known or later developed.

You further represent and warrant that: (i) you either are the sole and exclusive owner of all User-Generated Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User-Generated Content, as contemplated under these Terms; and (ii) neither the User-Generated Content, nor your accessing, posting, submission, or transmittal of the User-Generated Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate, or violate a third-party’s intellectual property rights (including but not limited to copyright, trademark, patent, trade secret rights), or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Ownership of the Site and Our Content

The Site and the Services, and their content, are provided solely for your personal, noncommercial use in accordance with these Terms of Use. You agree that the Site and Services (and all content contained therein, as well as the underlying software, systems and other proprietary technology and methodologies (collectively, “ManifestRx Property”), are protected by intellectual property and other laws, and are the property of ManifestRx and/or its licensors. You may not, and you agree you will not, modify, copy, reproduce, prepare derivative works from, license, sell, rent, transfer, translate, redistribute, transmit, republish, reverse engineer, decompile, or disassemble any ManifestRx Property in any way without the prior written permission of ManifestRx and any applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any ManifestRx Property. All rights not expressly granted herein are reserved to ManifestRx and its licensors.

Ownership of Information Submitted via the Site

We may make available to you the ability to post, submit, email or otherwise make available on the Site or the Services (including via email to us) information, text or materials (“Your Materials”). With the exception of any personal data or information you submit maintained in accordance with our Privacy Policy (which may be governed by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”) or related state-specific privacy laws and regulations), you understand and agree that any information you provide to us on or through the Site or Services, whether by direct entry, submission, email or otherwise, including, but not limited to, data, questions, comments, forum communications, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of us ,(ii) affiliated professional entities, or (iii) individual health providers utilizing the Services.

You are entirely responsible for Your Materials, and you represent and warrant that Your Materials do not include confidential or proprietary information or violate any other party’s intellectual property rights. As between you and us, you retain ownership and any intellectual property rights in any materials that are contained in Your Materials, subject to the non-exclusive rights that you grant to us in the Terms of Use. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, transferrable, sublicensable, worldwide license to use, reproduce, modify, transmit, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise exploit, Your Materials in any form, technology or media now known or hereafter developed. You hereby waive any moral rights you may have in Your Materials under the laws of any jurisdiction. You agree we may exercise any of these rights without compensation or attribution to you.

Trademarks

All names, logos, product and service names, designs and slogans on this Site are the trademarks of Manifest Rx and its respective owners. No affiliation or endorsement is intended or implied. You must not use such marks without our prior written permission.

Information About You and Your Visits to the Site

All information we collect on this Site is subject to our Privacy Policy [INSERT AS LINK TO SITE’S PRIVACY POLICY]. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Confidentiality on the Internet

Use of the Internet is solely at your own risk and is subject to all applicable local, state, federal, and international laws and regulations. While we have endeavored to create a secure and reliable site, please be advised that the confidentiality of any communication or material transmitted to us over the Internet cannot be guaranteed. Consequently, neither we nor our affiliates are responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on this Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters.

Geographic Restrictions

We provide this Site for use only by persons located in the United States. Certain of our Services are currently only available to individuals located in certain states. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Termination

We may terminate or suspend these Terms of Use at any time without notice to you. Without limiting the foregoing, we shall have the right to immediately terminate your access in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms of Use.

The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Limitation on Filing Claims, Dispute Resolution/Arbitration, Governing Law and Jurisdiction, Waiver and Severability, and Assignment, and any and all other terms and conditions which, by their nature, survive termination of these Terms of Use.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL WE, OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless us, our affiliates, licensors and service providers, and our respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, or your use of the Site, including, but not limited to, any use of the Site other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site. You agree we have the right to hire counsel of our own choosing in connection with, and to assume the exclusive defense and control of, any matter subject to indemnification by you, and doing so will in no way limit your indemnification obligations hereunder. In any litigation, you will cooperate with us in asserting any available defenses.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Dispute Resolution; Arbitration

PLEASE READ THIS SECTION CAREFULLY – IT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS.

[INSERT ADDRESS HERE]

The notice must be sent within 30 days of or your first acceptance of these Terms of Use or use of the Site; otherwise, you shall be bound to arbitrate disputes in accordance with the terms above. If you opt-out of these arbitration provisions, we will also not be bound by them.

No Class Actions

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

You may only resolve disputes with us on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST MANIFESTRX AND THE MANIFESTRX RELEASED PARTIES IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO ARBITRATION, YOU SHOULD OPT OUT OF THIS ARBITRATION PROVISION PER THE TERMS OF USE. OTHERWISE, YOU ARE NOT AUTHORIZED TO USE THIS SITE IN ANY WAY.

Governing Law and Jurisdiction

In the event that the agreement to arbitration is found not to apply to you or your claim, you and ManifestRx agree that any judicial proceeding will be brought in the federal or state courts located in the State of Georgia. Both you and ManifestRx consent to venue and personal jurisdiction there.

You agree that the arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. You otherwise agree that the law of the State of Delaware governs these Terms of Use and any claim or dispute that you may have against us, without regard to Delaware’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

Remedies

You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

No Agency Relationship

Neither these Terms of Use, nor any Content, materials or features of the Services create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.

Waiver and Severability

No waiver by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use, and any supplemental terms, policies, rules and guidelines posted on the Site and the Services, constitute the entire agreement between you and us and supersede all previous written or oral agreements. The paragraph headings in these Terms of Use, shown in boldface type, are included only to help make these Terms of Use easier to read and have no binding effect.

Assignment

We may assign this agreement through your acceptance of these Terms of Use at any time, including, without limitation, to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense the limited license or any other rights granted to you under these Terms of Use to anyone else and any attempt to do so in violation of this section shall be null and void.

Procedures for Notification of Copyright Infringement/DMCA

We reserve the right to remove any content or any other material or information available on or through our Site or Services, at any time, for any reason. We otherwise comply with the with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended).

If you believe that your copyrighted work has been copied and is accessible on this Site in a way that constitutes copyright infringement, then you may submit a notification pursuant to the DMCA by providing our copyright agent with the following information:

See 17 U.S.C. § 512 for more information.

DMCA Notices

Our agent for notice of copyright infringement can be reached as follows:

By Mail: Advanced Pharmacy Concepts, ATTN: Legal Department [INSERT ADDRESS HERE]

By Email: dmca@[insert email here]

All subject lines should read: “DMCA Notice.”

This contact information is only for reporting copyright infringement.