Fairmont Pharmacy App
Terms of Use
Last Updated: April 3, 2024
These terms and conditions of use (“Terms of Use”) govern your use of the Fairmont Pharmacy Application [the “App”], which is a direct-to-consumer mobile application where you can manage your health records all in one place and message the Fairmont Pharmacy personnel [The “Platform”]. The App and the Platform are owned and controlled by DrOwl Health Technologies, LLC, (“Platform Provider,” “we,” “us,” and “our”)
The services provided by Platform Provider, including but not limited to the displaying of your medical records, the ability to share information, and the ability to message the Fairmont Pharmacy personnel are referred to in this Terms of Use as the “Services.” The terms “you” and “your” mean you, your dependents if any, and any other person accessing your Account.
For clarity, Platform Provider acts as a subcontractor in relation to the communications between you and the pharmacy and prescription medication refills requests (the “Fairmont PharmacyServices”). In other words, Fairmont Pharmacy will be responsible for communicating with you through the App and taking care of the prescription refill process.
Your acceptance of, and compliance with, these Terms of Use are a condition to your use of the Platform. By clicking “accept,” you acknowledge that you have read, understand, and accept all terms and conditions contained herein and our Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use the Platform.
3. SERVICES PROVIDED – NO MEDICAL CARE OR ADVICE BY APP PROVIDER
5. AVAILABILITY OF PLATFORM
6. ELIGIBILITY; PLATFORM ACCESS, SECURITY AND RESTRICTIONS; PASSWORDS
7. ELECTRONIC COMMUNICATIONS. When you use the Platform, you are communicating with us electronically. This includes, without limitation, sending communications from your desktop or mobile device. You consent to receive communications from us electronically. You agree that all agreements and consents can be signed electronically. You agree all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices. Platform Provider may contact you by telephone, mail, or email to verify your Account information. Platform Provider may request further information from you. You agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Platform until you provide the information to us as requested.
8. CONSENT TO RECEIVE CALLS AND TEXT MESSAGES; VIDEO RECORDING
9. OWNERSHIP OF THE PLATFORM AND RELATED MATERIALS; ADDITIONAL RESTRICTIONS
10. APP PROVIDER’S SERVICES
11. AI PRODUCTS
12. ACCURACY OF INFORMATION; FUNCTIONALITY
13. ADVERTISING; LINKS TO OTHER SITES.
14. USER INFORMATION
15. CLAIMS OF COPYRIGHT INFRINGEMENT
16. INTELLECTUAL PROPERTY
17. CAN-SPAM ACT AND TELEPHONE CONSUMER PROTECTION ACT COMPLIANCE
18. DISCLAIMER OF WARRANTIES
19. LIMITATION OF LIABILITY REGARDING USE OF PLATFORM. EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION, APP PROVIDER AND ANY THIRD PARTIES MENTIONED ON THE PLATFORM ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER. THIS INCLUDES, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, PLATFORM- RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE PLATFORM, OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, OR LINKED WEBSITES IS TO STOP USING THE PLATFORM OR THOSE TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF APP PROVIDER TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
20. NO THIRD-PARTY RIGHTS. Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you and Platform Provider, and their affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons (including the Select Third Parties) to you, Platform Provider, and its affiliates, nor shall any provision give any third parties (including the Select Third Parties) any right of subrogation or action over against you, Platform Provider, and its affiliates.
21. ASSIGNMENT. You may not assign, transfer, or delegate the Terms of Use or any part thereof without Platform Provider’s prior written consent. Platform Provider may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.
22. DISPUTE RESOLUTION; ARBITRATION AGREEMENT
23. FORCE MAJEURE. We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.
24. INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Platform Provider, and any affiliates, from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Platform or any information posted on the Platform; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Platform Provider, or any Provider or any medical professional or customer service agent; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Platform or any information on the Platform, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
25. APPLICATION SUPPORT; FUNCTIONALITY
26. MODIFIED DEVICES AND OPERATING SYSTEMS. Platform Provider will have no liability for errors, unreliable operation, or other issues resulting from use of the Platform on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Platform on Modified Devices will be at your sole and exclusive risk and liability.
27. NO LIABILITY FOR SELECT THIRD PARTIES. Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the Platform, Fairmont Pharmacy and their respective affiliates, suppliers, and licensors (collectively, the “Select Third Parties”) are not parties to these Terms of Use and they do not own and are not responsible for the Platform. Platform Provider is responsible for addressing any claims raised by you or any third party regarding the Platform or your use. This includes, but is not limited to, claims related to product liability, legal, or regulatory requirements, and consumer protection or similar You are responsible for complying with all application store and other applicable Select Third Parties’ terms and conditions. YOU AGREE: (A) THE SELECT THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) IN NO EVENT WILL THE SELECT THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THESE TERMS OF USE OR THE PLATFORM, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; AND (C) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY SELECT THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE DOLLARS ($5.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE SELECT THIRD PARTIES ARISING OUT OF THE PLATFORM AND THESE TERMS OF USE. THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THESE TERMS OF USE, AND ARE CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THESE TERMS OF USE WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE SELECT THIRD PARTIES WITH REGARD
TO THEIR SUBJECT MATTER. In the event of any claim that the Platform or your possession and use of the Platform infringes a third party’s intellectual property rights, the Select Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.
28.REVISIONS; GENERAL. Platform Provider reserves the sole right to terminate your access to all or part of the Platform, with or without cause, and with or without notice. Platform Provider reserves the sole right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes.
In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited to the minimum extent necessary. These Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Platform Provider and you pertaining to the subject matter hereof. In its sole discretion, Platform Provider may from time-to-time revise these Terms of Use by updating this posting. You should periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms within the Platform. For purposes of these Terms of Use, (a) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and
(c) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to these Terms of Use as a whole.
29. COPYRIGHT/TRADEMARK INFORMATION. Copyright ©2022 DrOwl Health Technologies, LLC. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
30. HOW TO CONTACT US:
DrOwl Health Technologies, LLC
8226 Menaul Blvd NE #646,
Albuquerque, NM 87110
Telephone: (505) 348-8700
Email: help@DrOwl.com