Terms of Use

Agreement to Terms of Use

These Terms of Use (“Terms”) are a contract between you and SortPak, Inc. They govern your access and use of SortPak’s sites, services, products, and content (“Services”).

By using SortPak services, you agree to these Terms and its Privacy Policy, incorporated herein. Please read the Terms of Use carefully. If you don’t agree to any of the Terms or its Privacy Policy, you must not access or use any services provided by SortPak.

Modification of the Terms

SortPak reserves the right to change, modify, add or remove portions of these Terms of Use, at any time. SortPak may notify its users of any changes to its Terms, however it is your responsibility to periodically check this website and its Terms of Use for changes. Any amended terms will be effective immediately. Your continued use of this web site and services following the any changes to these Terms of Use will mean that you accept and agree to such changes. If at any time you choose to no longer be bound by these terms, you must stop using SortPak’s web site and services.

Grant of License

Subject to this agreement and continuing compliance with these Terms of Use, SortPak grants you a limited, non-exclusive, non-transferable, and revocable privilege to access and use its website and services. This privilege is solely for your own personal, noncommercial use.

All information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained through SortPak services is owned, controlled or licensed by or to SortPak, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, you may not copy, reproduce, republish, upload/post, publicly display, encode, translate, transmit or distribute in any way any part of the website or Content to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without SortPak’s express prior written consent.

You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices.

Reliance on Information

The information presented on or through the Website is made available solely for general information purposes. Any health-related Content residing on our website or through our services describes general principles of health care that should not be construed as specific instructions for individual patients. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information contained on, or accessible through, its website and as apart of its services, by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Third Parties

This Website may include content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators and/or reporting services. We may also provide links to third-party websites or services that are not owned and controlled by us. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. SortPak provides this information/links for your reference only and does not control, endorse, or assume responsibility for their content, resources, policies/practices, or any services offered through any third-party website or service. We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services. It is your responsibility to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Privacy

Please review our Privacy Policy, which also applies to your use of this website and SortPak services.

Contact Authorization

By providing SortPak with your contact information such as your wireless phone number and/or email address, you agree to give SortPak permission to contact you- in person, electronically, or through automated call/text messages and/or pre-recorded messages, regardless of your status on any Sate or Federal Do Not Call list. I understand that I may stop receiving email, phone, and text alerts by calling SortPak 877-570-7787.

Electronic Communications

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You also acknowledge that the transmission of information over the internet and wireless communication networks are never completely private and secure and may be intercepted or read by others, even if there is a special notice that a particular transmission is secure (for example encrypted). Therefore, by using the Services, you acknowledge these risks with respect to the transmission of your personal information. If you wish to communicate with us securely, we can give you a secure phone call. Text messages sent to or received by us may count towards monthly quotas on your mobile phone plan. Standard text messaging rates apply.

Intellectual Property

Images and information contained on this website are copyrighted and otherwise proprietary information owned by SortPak and protected by applicable intellectual property and other laws. Unless otherwise expressly noted, nothing on this website may be copied or used except as provided in these Terms of Use or with the prior written consent of SortPak.

SortPak grants you permission to print individual pages from this website, unless otherwise expressly noted, for your own personal, non-commercial use in learning about services or products offered by SortPak or for your non-commercial use in connection with healthcare or education. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sale, transmit, upload, download, store, display in public, alter, modify, or create derivative works of these materials. This grant of permission is not a transfer of title.

Unless otherwise indicated, all logos, designs, and marks on this website are trademarks or service marks owned or used under license by SortPak.

Notwithstanding any other provision of this Agreement, SortPak and its licensors reserve the right to change, suspend, remove, limit, or disable access to any SortPak products, content, or other materials comprising a part of the provided services at any time without notice and liability. SortPak may also monitor and terminate in appropriate circumstances and at its sole discretion, infringe on any intellectual property rights of others, whether or not there is any repeat infringement.

Prohibited Uses

You must be at least 18 years old to use this website. In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Services to:

Engage in any act that we deem conflicts with the spirit or intent of the Services;

Conduct any unlawful act or solicit others to perform or participate in any unlawful acts;

Violate any international, federal, or state laws, regulations, or court orders;

Interfere with or circumvent the security features of the Services, any other websites, mobile applications, software or hardware or the internet;

Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer the Services;

Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person;

Harass, abuse, insult, harm, defame, slander, disparage, or intimidate a person;

Solicit or attempt to solicit personal information from other users or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Services; or

Any conduct that in our sole discretion, restricts, inhibits or interferes with the ability of any other user to enjoy this online experience.

WITHOUT LIMITING ANY OTHER REMEDIES, SORTPAK RESERVES THE RIGHT TO LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE YOUR ACCOUNT OR YOUR ACCESS TO THE SERVICES OR PORTIONS THEREOF, WITH OR WITHOUT NOTICE TO YOU, IF YOU ARE, OR SORTPAK SUSPECTS THAT YOU ARE FAILING TO COMPLY WITH ANY OF THESE TERMS.

Accounts and Security

To use the Services, you will be required to create an account and utilize a username or email address and password. You are responsible for keeping these credentials secure. If you believe that your password has been stolen or compromised, it is your responsibility to change your password right away and notify us of any unauthorized use of either your password or account.

It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of this online experience without liability.

You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You further agree that you will not permit others, including those whose accounts have been terminated, to access this online experience using your account or User ID. SortPak cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Prescription Transfers and Refills

When you create an account, we give you the opportunity to transfer your prescriptions from your current pharmacy to us. By entering your information into the Services, you authorize us to initiate a transfer and contact your current pharmacy and/or prescribers to complete this request.

Disclaimer of Warranty

USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. WE PROVIDE THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; AND (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SORTPAK CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

SORTPAK DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE ONLINE EXPERIENCE AND/OR ANY SORTPAK SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE ONLINE EXPERIENCE AND ANY LINKED SITES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE, SERVICES, AND ANY LINKED SITES. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Limitations of Liability

IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING FROM (i) THE USE OR INABILITY TO USE THE SERVICES, (ii) THE UNAUTHORIZED ACCESS OR ALTERATION OF DATA, TRANSMISSIONS, OR COMPUTER SYSTEMS RELATED TO THE SERVICES, (iii) ANY OTHER MATTER RELATING TO THE SERVICES, WHETHER BASED ON CONTRACT, TORT, PRODUCT LIABILITY, WARRANTY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES (iv) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ONLINE EXPERIENCE; OR (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ONLINE EXPERIENCE. IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SUCH LIMITATION SHALL NOT APPLY TO YOU.

IF, NOTWITHSTANDING THE OTHER PROVISIONS IN THESE TERMS, WE ARE FOUND TO BE LIABLE TO YOU, ANY LIABILITY TO YOU BY US OR BY ANY OTHER BUSINESS PARTNER WILL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED.

Indemnification

You agree to indemnify and hold harmless SortPak, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, from and against any demands, loss, liability, claims or expenses (including attorneys’ fees), made against SortPak arising out of or in connection with (i) your violation of these Terms or any applicable law or regulation, whether or not referenced herein, (ii) your violation of the rights, including intellectual property or other proprietary rights, of any third party, (iii) your User-Generated Content, or (iv) your use or misuse of the website and or Services.

Governing Law and Jurisdiction

All matters, including all disputes, relating to your access to or use of SortPak information or services or of the online experience, including its Contents, will be governed by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts for Los Angeles County, California, and waive any objection to such jurisdiction or venue.

Time Limitations

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

Dispute Resolution

In the event of any controversy or dispute between SortPak and you arising out of or in connection with your access to or use of SortPak information or services, including its Contents, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Waiver and Severability

No waiver of by the Company 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 the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. As noted above, your use of this site is also subject to SortPak’s Privacy Policy.

If any part of these Terms of use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not affect any other provision of these Terms of Use, all of which remain in full force and effect. If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of this Agreement as possible.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Exact Care Pharmacy, LLC with respect to the Website and supersede all prior and contemporaneous communications, proposals, understandings, agreements, representations and warranties, both written and oral, between the user and SortPak with respect.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Feedback and Contact Information

SortPak welcomes your feedback about the website and its services. For all other questions or concerns, including questions about our Terms and Privacy Policy, you can contact SortPak with the information below.

Email: [email protected]

Mailing Address:
SortPak
124 S. Glendale Ave
Glendale, Ca 91205

Customer Interaction Center: (877) 570-7787
The information contained in this web site is subject to change without notice.