Terms and Conditions

Prescription Notification Group - Take Meds Now (TMN) Software Systems Application - Terms and Conditions, April 22, 2017

JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS MAY NOT APPLY TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING TAKE MEDS NOW APPLICATION AND ITS RELATED WEBSITE.

Prescription Notification Group LLC, is a US Based company with its principal office in Stewartsville, NJ. Take Meds Now is the Award-Winning Adherence software application as selected by the University of Pittsburgh School of Medicine that provides Notification and Prescription adherence reports for patients, physicians and family members. Take Meds Now application and website are covered under these Terms and Conditions (this “Agreement”). If you are a resident of the United States, you are contracting with Prescription Notification Group LLC Inc. which is a Delaware corporation. You must be 18 years or older to sign-up for this service.

Take Meds Now is the software application system that provides tracking and monitoring of your prescription medication. As used in these Terms and Conditions, (‘patient’) refers to individuals using the Take Meds Now Application in connection with their own adherence activities. The patient will also be responsible for maintaining their profile and all information contained therein. The patient can also invite a family or friend to be the Admin for the account. If the individual accepts the invitation to become the ADMIN person for the patient, the Admin then can make changes (additions or deletions to the’s profile). A nominal fee is charged back to the patient for this feature. Any time a profile change is made both the Patient and Admin will receive a notice of change and be asked to Verify that the new data is correct before proceeding. Physicians can also be given admin capabilities. In all cases All new accounts (Patients) must verify that the information is correct before the service begins. Additionally, friends, family and physicians can view adherence of the medication via View option that the Patient controls. View option only allows those designated to see if the Patient has taken their medication. Once the profile has been completed on the website and you have hit the I agree button and verified that all the information is correct Take Meds Now will begin to notify and track your results. If you do not agree to be bound by or wish to comply with all of the terms of this Agreement, you may not use Take Meds Now Application.

If you have any questions regarding the medication, please contact your physician immediately. If you suffer from side effects, please contact your physician immediately. If you have a medical emergency Dial 911.

Intended Users

Anyone over 18 years of age can sign-up to use Take Meds Now service. The system is designed to support individuals that take more than two medications per day. Children can use the service as a (Patient) if there is an adult person over 18 years old supervising and who can serve as the ADMIN, creating and approving the profile report. Under no circumstances should the Application be used by children under 18 years of age, without an active Admin and Physician support. All Admins must be 18 years of age or older. If you are using the Application for the benefit of a child, please do not provide information relating to such child unless you have obtained the child’s parents’ or guardians’ consent, including their consent to our Privacy Policy. You may not provide access to or use the Application or Content (as defined below) thereof for the benefit of third parties or make commercial use of the Application or related Content, but you may use the Application for your personal use subject to this Agreement. Use of and access to the Application is void where prohibited. By accessing and using the Application, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Service Application will comply with and does not violate any applicable law, regulation, order or guideline and (d) you consent to receiving messages and promotional material offering in-Application purchases.

Targeted Patient s include anyone that takes more than one medication per day. Family members and friends that take an active role in the care of an individual that takes more than one medication per day. Physician and medical staff, will be able for the first time can track in real time compliance of their patients are those that will benefit the most from this service.

(Patient Requirements) The Process

Patient(s) taking multiple medications each day who wish to avoid confusion in taking the medication and sign-up for Take Meds Now through our Website. Once the individual has filled out form which includes: Names of the medication, time selected as to when to take, dosage, and options which include adding admin person (no more than 2); view only no more than 5. There a special alert option if selected would notify.

The admin and view only members that the patient had selected this option to notify you if they missed taking all their medication that day or over 2 days. If a patient misses 3 days in a row the physician of record would receive a note if one is listed within the profile. Take Meds Now assumes no liability as the performance of the individual to take their medicine. Also by clicking that the individual has taken the medication is based on an honor system TMN cannot verify actual compliance.

Once the profile data has been received. The patient or admin must verify that all the data is correct. This includes an image of the pill that will also be sent if it is in our database. If not an illustration will be sent until that image can be added to our database which will be on-going.

Once we have verification TMN application takes over and begins to send notifications to the patient at the prescribe times. TMN will make three attempts at 5 minute intervals to notify the patient to take their medication. The patient only needs to swipe or click once. The action is then time stamped and recorded. The personal dashboard is then updated automatically.

The Dashboard is a personal graphic tool that shows up-to date performance results of the patient. Physician, family & friends who accepted to receive TMN data will be able to see that person’s adherence performance to date.

Admin patient’s member as describe earlier can modify any information in the profile. They also verify that the data is correct. Permission was granted by the patient and the individual has requested and received personal id and password associated with this patient.

View only member gets to see the alerts and performance of the patient. They do not have any means of making changes. Only the patient will get everything and can move them from view only to an admin position.

Modifications of this Agreement

We reserve the right to update or modify this Agreement, at any time and for any reason, without penalty or liability to you or any third party. By continuing to use the Application after any such changes, you unconditionally agree to follow and be bound by this Agreement as changed. For these reasons, we encourage you to periodically review this Agreement.

Disclaimers

Your use of any aspect of the Application is at your own risk. You must consult with healthcare providers and make your medical decisions based on their advice. We cannot and do not accept any liability in respect of any activities that you may undertake through using the Application.

If you use and/or access the Application on or from an Android device which you or someone else rooted or on or from an iOS device which you or someone else jail broke, Take Meds Now shall not be responsible for the security of your data, including your Personal Information, and you shall bear all responsibility for any breach, illegal access, loss and/or corruption of such data.

WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN RESPECT OF THE APPLICATION. INFORMATION REGARDING MEDICATIONS, HEALTH, MEDICAL ADVICE AND OTHERWISE MAY BE PROVIDED BY THIRD PARTIES, INCLUDING OTHER PATIENT S OF THE APPLICATION. WE CANNOT ACCEPT ANY LIABILITY WHATSOEVER IN RESPECT OF ANY CONTENT WHICH IS PROVIDED BY THIRD PARTIES AND/OR ANY OTHER PATIENT S OF THE APPLICATION. ANY ACTIONS YOU TAKE BASED ON CONTENT, NOTIFICATIONS AND OTHERWISE PROVIDED BY THE APPLICATION ARE TAKEN AT YOUR SOLE RISK AND WE WILL NOT ACCEPT ANY LIABILITY IN RESPECT THEREOF. YOU SHOULD ALWAYS CHECK ANY INFORMATION PROVIDED THROUGH THE APPLICATION TO ENSURE ITS ACCURACY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED OR REFERENCED THEREIN. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. WE DISCLAIM ANY IMPLIED OR STATUTORY WARRANTIES (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE APPLICATION; OR (II) THAT THE APPLICATION WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE APPLICATION. WE DO NOT WARRANT THAT ANY DESCRIPTION PROVIDED THROUGH THE APPLICATION REGARDING MEDICATIONS OR OTHERWISE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, SAFE OR ERROR-FREE. NO COMMUNICATION, INFORMATION OR ADVICE GIVEN BY US OR ANY REPRESENTATIVE OF OURS, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. IF YOU CHOOSE TO RELY ON SUCH INFORMATION, YOU DO SO SOLELY AT YOUR OWN RISK. SOME STATES OR

HEALTH INFORMATION MUST BE INTEGRATED BY HEALTHCARE PROVIDERS INTO THE GENERAL CLINICAL RECORD FOR INDIVIDUALS UNDER THEIR SUPERVISION AND CORRELATED WITH OTHER CLINICAL DATA AS REQUIRED BY PROFESSIONAL STANDARDS IN CUSTOMER’S DISCIPLINE. USE OF DATA ACCESSED BY MEANS OF THE APPLICATION, AS WELL AS TREATMENT DECISIONS BASED ON SUCH INFORMATION ARE THE SOLE RESPONSIBILITY OF THE HEALTHCARE PROVIDER AND TAKE MEDS NOW ASSUMES NO LIABILITY IN RESPECT THEREOF.

Requirements for Use

To use the TMN App or the Site, you must have compatible computing and mobile devices, access to the Internet and mobile messaging and data services, and certain necessary software. Fees and charges may apply to your use of the Internet or mobile services, and you may be required to purchase hardware or software to enable your devices to access the TMN Application. You agree that you are responsible for meeting these requirements and for your use of the Internet, any associated fees, charges or expenses.

Application is a Secondary Reminder Tool

The Take Meds Now Application is intended as a helpful reminder system that you can personalize for taking your medications. You should not and must not rely on the Application as your primary tool for determining whether and when to take medication. As further described under “Technology; Support” below, the Application might not function as intended. Specifically, the Application will not function properly if your device is broken or powered off, if the Application software is not enabled or if any hardware or software on your device prevents the Application from operating as intended. The maintenance of your mobile and computing devices is your responsibility. You acknowledge that the Application, and the utility of any of its alerts or notifications, depends on information that you input into the Application. You are solely responsible for ensuring that the correct medication is taken at the proper times and in the proper dosages. Persons using the Application assume full responsibility for the use of the Application and agree that we are not responsible or liable for any claim, loss, or damage arising from the use of the Application.

No Medical Advice

Information, advice, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data and other materials are made available from us or third parties, including other users, through the TMN Application (collectively “Content”). We do no guarantee and are not responsible for the accuracy, completeness, or timeliness of any Content.

All Content is provided for informational purposes only. No Content, including that provided by other users of the Application, is or should be considered, or used as a substitute for, medical advice, care, diagnosis or treatment. The TMN Application does not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. We do not prescribe, dispense, or refill prescriptions. The provision of information about or the enablement of the reminder system with respect to any drug or product is not a recommendation or endorsement by us for such drug or product. While we may provide you with certain functionalities that may alert you regarding certain drug-drug interactions, there may be other interactions which are harmful and to which we do not alert you. Please consult with your healthcare provider with respect to any drug-drug interactions. The absence of a warning for a given drug or drug combination does not and should not be construed to indicate that a drug or drug combination is safe, appropriate or effective for you or anyone else. Furthermore, the Application is not intended to provide any dosing information, and we are not responsible for any errors in dosages taken. Reliance on any Content or other information provided by us, our employees, or third parties through your use of the TMN Application is solely at your own risk and we accept no liability therefor.

Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding personal health, medical conditions or drugs or medications and before commencing or discontinuing any course of treatment, drug or medication. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified healthcare provider because of any information you have received or obtained using the Application. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are experiencing a medical emergency, please immediately call for emergency medical help.

Adverse Events with Medical Products

If you have an unexpected or negative reaction (or “adverse event”) that may be related to the use of a medical product, it is important that you Call 911 for all medical emergencies & inform your doctor. You can also report the problem to the United States Food and Drug Administration (FDA) at http://www.fda.gov/medwatch/index.html or your local FDA.

Third-Party Websites and Materials

References or links within the TMN Application to any third parties or their websites or information are provided only for your convenience and do not in any way mean that we endorse, sponsor or recommend any third-party material, product or service. We do not make any representations regarding the content, accuracy, completeness, decency, legality, non-infringement, quality or any other aspect of material on such third-party websites or with respect to any content, data, information, applications or materials. We are not responsible for and do not assume any liability with respect to the content, privacy practices or otherwise of third parties.

Accounts

You may register to use the Application by providing your name and e-mail and other information requested in the registration and your profile form. We may change the method of registration at our discretion. We might refuse to allow any patient to open an account for any reason at our sole discretion. You agree to supply accurate and complete information to us when creating your account and when using the Application, as well as to update such information promptly after any change. You will be responsible for any inaccuracies in the information you provide to us, or for your failure to keep such information up-to-date.

Do not share your account or login information with any third party, nor let any third party access your account unless you authorize them to do so in accordance with our Admin or View only feature . You are fully and solely responsible for maintaining the confidentiality of the login information for your account and for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. We may terminate your account if you let someone use your account inappropriately or if you or anyone using your account violates this Agreement. You agree to immediately notify us of any unauthorized use of your account. We will not be liable for any losses or damage arising from unauthorized use of the Application, and you agree to indemnify and hold us harmless for any improper or illegal use of the Application, and any charges and taxes incurred, unless you have notified us via e-mail at info@TakeMedsNow.com.

Admin Accounts - Patient can send Friends & Family members the option to have an admin or view only account. If the individual accepts then the Admin role they will need to get a password and be given the rights to modify information contained within your profile. Rights include seeing performance dashboard, updating medication information, dosage, time and verify that any changes are correct.

Termination of Account

We may for any reason, in our sole discretion and without notifying you, terminate your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of this Agreement, (iii) fraudulent, harassing or abusive behavior or (iv) behavior that is harmful to other patient s, third parties, and the community ethos of our Application or our business interests. If we terminate your account, you may not register for the Application again without our express permission. If you believe that any action has been taken against your account in error, please contact us at info@TakeMedsNow.com.

In addition, if we believe, in our sole discretion, that a violation of this Agreement or any illegal or inappropriate behavior has occurred, we may take any other corrective action we consider appropriate. We will investigate suspected violations of this Agreement or illegal and inappropriate behavior through the Application. Please note that we will fully cooperate with any law enforcement investigation or court order ordering us or directing us to disclose the identity, behavior or activities of anyone believed to have violated this Agreement or to have engaged in illegal behavior.

You may request termination of your account at any time and for any reason by sending an e-mail to info@TakeMedsNow .com. Any suspension or termination of your account shall not affect your obligations to us under this Agreement (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), including all those obligations, which by their sense and context are intended to survive the suspension or termination of your account.

Subscription for Take Meds Now.

We may at our discretion offer various subscription services, including, without limitation, the Take Meds Now offers 1 month, 3 month, 6 month or yearly subscriptions. Payment will be charged to your Account at confirmation of purchase. Your subscription will automatically renew unless you turn off auto-renew at least 24 hours before the end of the then current period. Your account will be charged for renewal within 24-hours prior to the end of the then current period, at such amount as we will notify you. You may manage your subscription and the auto-renewal may be turned off by going to your Account Settings after purchase. Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription to that publication, where applicable.

Technology; Support

Take Meds Now will run on any iOS (Apple) or Android based phones, tablets or computers. The TMN Application can be downloaded via app store or from our website. Information will be transmitted over a medium that will be beyond our control and jurisdiction; multiple factors, including network availability, may affect alert or notification delivery or otherwise interfere with the operation of the Application. We do not warrant or guarantee against, and therefore assume no liability for or relating to, any errors, omissions, delays, failures, interruptions, or corruption or loss of any data, alerts, notifications or other information transmitted about your use of the TMN Application, particularly relating to any failure of the reminder system to function as expected, including but not limited to the non-delivery of any alerts or notifications.

The Prescription Notification Group may from time enhance the existing software with a new release. No additional fees will be applied unless this is a new service becomes available and the Patient can determine whether they want to add that feature to their existing profile account. At any time and for any reason, without notice or liability, we may modify or discontinue the Application or any part of it or impose limits on your use of or access to the Application.

Although we take reasonable measures to keep the Application free of viruses, worms, Trojan horses or other code that contain destructive properties, we do not warrant or guarantee that files available for downloading through the Application will be free of such contaminations.

Patient’s Responsibilities

Take Meds Now will provide specific instructions based upon the type of patient (customer) you are of the service. Customers are defined in three areas Main patient (Patient) (Admin) & (Family & Friends) on the TMN website . If you’re a family friend designated to view, you would register in the Family & Friends portal on the website, if you were selected as an admin, you would go and register and sign-in at the family & friends portal under admin. If you are a physician you would go to the physician portal. You can select to view a specific a patient, you also have been given the option to join TMN as a friend for either admin role or view only role

If you submit any information to us through or related to the TMN Application or send us any business information, feedback, idea, concept or invention to us by e-mail, you represent and warrant to us that such information is not confidential and that you have all necessary permission to submit or otherwise make available such information. In addition, you grant us a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed, including the right to sublicense through multiple tiers of sublicenses.

You further agree that:

• You will not reproduce, duplicate, copy, sell, resell, or exploit the Take Meds Now Application, its Content, its software or any portion of any of the foregoing;
• You will not use the Take Meds Now Application for any purpose in violation of local, state, national or international laws;
• You will not solicit another person’s password or personal information under false pretenses;
• You will not impersonate another person or entity or otherwise misrepresent your affiliation with a person or entity, and/or use or access another patient ’s account or password without permission;
• You will not violate the legal rights of others, including defaming, abuse, stalking or threatening patients;
• You will not infringe the intellectual property rights, privacy rights, or moral rights of any third party;
• You will not post or transmit any Content that is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or furthers such activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;
• You will not publish falsehoods or misrepresentations, including with respect to any medical or health information; and
• You will not post or transmit any Content that is (or reasonably should be understood to be) libelous, defamatory, obscene, offensive (including material promoting or glorifying hate, violence, or bigotry or otherwise inappropriate to the community ethos of the TMN Application).
• Notifications. Take Meds Now will provide specific instructions based upon the type of patient (customer) you are of the service

You agree not to interfere or attempt to interfere with the proper working of the Take Meds Now Application or to disrupt the operations or violate the security of the Application. Violations of system or network operation or security may result in civil or criminal liability. We will investigate possible occurrences of such violations, and we may involve and cooperate with law enforcement authorities in prosecuting anyone involved with such violations. You agree to comply with all patient responsibilities and obligations as stated in this Agreement. Non-enforcement or our failure to act with respect to a breach by you or others of this Agreement does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Nothing contained in this Agreement shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct.

License Grant

We hereby grant to you a limited, non-exclusive, non-assignable, non-sub licensable license to access and use our TMN Application, and any patient guides, specifications or related documentation, subject to the terms and conditions of this Agreement. This license is only for your personal and non-commercial use and only for the term of this Agreement. You may not distribute or make the TMN App available for use by others on multiple devices simultaneously. Under this license, except as and only to the extent any of the following restrictions are prohibited by applicable law or any of the restricted activities are permitted by the licensing terms of any open-sourced components incorporated into the Take Meds Now App, you may not:

• Lend, rent, lease, sell, redistribute, assign, sublicense or otherwise transfer the Take Meds Now (TMN) App or the right to download or use the App;
• Use the TMN Application for any commercial purpose or for any commercial or non-commercial public display;
• Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of the TMN App, any TMN App updates, or any part of the TMN App or updates, or attempt to do any of the foregoing;
• Copy, modify or create derivative works of the TMN Application, Documentation any TMN Application or Documentation updates or any part of the TMN Application, Documentation or updates;
• Remove any copyright or other proprietary notices from the TMN App, Documentation, part of the TMN App or from the TMN Site;
• Transfer the Content or materials from the TMN App or TMN Site to anyone else or “mirror” the same on any server;
• Circumvent, disable, or otherwise interfere with security-related features of the TMN Application or features that prevent or restrict use or copying of any content;
• Use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the TMN Application;
• Harvest, collect or mine information about other patient s of the TMN Application;
• Post or transmit any virus, worm Trojan horse or other harmful or disruptive element; or violate any applicable law, rule or regulation.

If you violate any of these restrictions, this license will automatically terminate, and you may be subject to prosecution and damages.

Security – all attempts to prevent Viruses are being taken, server data will be updated several times during the day and we have second server as backup -daily.

Ownership

Prescription Notification Group LLC owns all rights to Take Meds Now and its licensors own the Site, Documentation and TMN App, including any material or Content made available through the Take Meds Now Application, including our proprietary algorithm, and all worldwide intellectual property rights in the foregoing. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use any material made available in the TMN Application. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the TMN Application. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in this Agreement grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party.

Apple, Inc.

This provision only applies in respect of the version of the TMN App used on devices of Apple, Inc. This Agreement is an agreement between you and us. Apple has no responsibility for the TMN App or the content of the TMN App, including in respect of claims of intellectual property infringement, product liability or that the TMN App does not conform with applicable law. To the maximum extent permitted by applicable law, Apple provides no warranty in respect of the If changes were made. Please verify that all the information is correct on the Profile report. If you have any questions regarding the medication, please contact your physician immediately. If you suffer from side effects, please contact your physician immediately. If you have a medical emergency Dial 911.TMN App and has no obligation to provide support in respect of the App. All claims in respect of the App must be directed to us and not to Apple. Your use of the TMN App must be in compliance with the App Store Terms of Service, and you may only use the App on an iPhone or iPod that you own or control as permitted by such terms. In the event the App fails to conform to the warranty set forth herein, you may notify Apple, and Apple will refund the purchase price for the App to you. Apple shall be a third-party beneficiary of this Agreement with the right to enforce this Agreement against you.

Infringement

Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond to copyright owners who believe material appearing on the Application infringes their rights under US copyright law. We accept no responsibility or liability for any material provided or posted by a patient . If you believe that something appearing on the Application infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. All notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. It is our policy to terminate the accounts of repeat infringers in appropriate circumstances. Send notices and counter-notices to info@TakeMedsNow.com

Limitations on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR OR THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE APPLICATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER OR DEVICE FAILURE OR MALFUNCTION, EVEN IF A REPRESENTATIVE OF OURS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT, WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100). In addition to the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission or communications line failure. We are not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to patient s or to any person’s mobile device or computer related to or resulting from participation or use of the Application. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Any claims arising in connection with your use of the Application must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under this Agreement are exclusive and are limited to those expressly provided for in this Agreement, even if the applicable remedy under this Agreement fails of its essential purpose.

Indemnity

You agree to defend, indemnify, and hold us harmless including our officers, directors, employees, agents, subcontractors, licensors and suppliers, any of our affiliated companies or organizations, and any successors, assigns or licensees, from and against any claims, actions or demands, damages, losses, liabilities, judgments, settlements, costs or expenses (including attorneys’ fees and costs) arising directly or indirectly from or relating to a) the breach of this Agreement by you or anyone using your computer, mobile device, password or login information; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Application; (c) your violation of any law or regulation; or (d) any other matter for which you are responsible under this Agreement or under law. You agree that your use of the Application shall follow all applicable laws, regulations and guidelines.

Termination

This Agreement is effective until terminated by either you or us. You may terminate this Agreement at any time, if you discontinue any further use of the Application. If you violate this Agreement, our permission to you to use the Application automatically terminates. We may, in our sole discretion, terminate this Agreement and your access to any or all the Application, at any time and for any reason, without penalty or liability to you or any third party. In the event of your breach of this Agreement, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to us. Upon any termination of the Agreement by either you or us, you must promptly uninstall the App on all your devices and destroy all materials downloaded or otherwise obtained from the Application, all Documentation, and all copies of such materials and Documentation. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Disclaimers, Ownership, Limitations on Liability, Indemnity, Choice of Law and Forum, Entire Agreement and Severability.

Choice of Law and Forum

This Agreement shall be governed in all respects under the laws of the State of Delaware. In any claim or action by you directly or indirectly arising under this Agreement or related to the Application, you irrevocably agree to submit to the exclusive jurisdiction of the courts located Delaware. You waive any jurisdictional, venue or inconvenient forum objections to any of these courts that may have jurisdiction.

Entire Agreement

This Agreement constitutes the entire agreement between you pertaining to the subject matter hereof. Anything contained in or delivered through the Application that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement.

Severability

If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be amended, limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

Assignability

You agree that this Agreement and all incorporated agreements between you and us may be assigned by us, in our sole discretion to any third party.

Contact Information

All notices to you relating to this Agreement shall be posted on the Take Meds Now website. If you reside in the United States, all notices to us relating to this Agreement shall be in writing and sent to the following:

Prescription Notification Group LLC
ATTN: Take Meds Now
213 Willever Way
Stewartsville, NJ 08886

Notice shall be deemed given when notice is posted on the Application or when the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Unless the regular mail is returned to the sender, notice shall be deemed given three days after the regular mail is sent, in the case of domestic mail, or seven days after the regular mail is sent, in the case of international mail.

Last updated: April 2017