Retail Pharmacy Terms and Conditions of Service

Valley Of The Sun Pharmacy “VOSRX”;  15600 N. Black Canyon Highway Suite B-135, Phoenix, Arizona 85053

I hereby agree to the following Retail Pharmacy Terms and Conditions of Service (the “Terms and Conditions”), and acknowledge and agree that each time I use the services provided by Valley Of The Sun Pharmacy (the “VOSRX”) owned by Tailstorm Health, LLC, A Delaware limited liability company, by such use I confirm that I have received, read, and understood the most current version of these Terms and Conditions, which may be found at http://valleyofthesunpharmacy.com/retail-terms-and-conditions/ and agree to and accept them.

THE PROGRAM

1. Any individual may participate in the VOSRX program (the “Program”) based upon acceptance of these Terms and Conditions.

In these Terms and Conditions:

1. “Patient”is an individual accepted by VOSRX to participate in the Program.
2. “Provider”means VOSRX or vendors that VOSRX has an arrangement with to help collect, transmit, and process my details, my inquiries, my insurance, my payment, my refills, my transportation needs, and my Product orders.
3. “Prescription”means a current direction given by a medical practitioner or someone who is authorized to prescribe a stated amount of a drug specified in such direction to be dispensed.
4. “Prescription Medication”means a drug dispensed pursuant to a Prescription;
5. “Product”means any product or service sold by a Provider, either requiring a Prescription or not; and
6. “Auto-refill” means refilling a current Prescription refills automatically without requiring any action from the Patient.

2. Costs quoted to the Patient for any Product are an all inclusive price, which price will include, without limitation, the cost of the Product together with all service charges, fees, commissions and delivery charges charged by any and all parties connected with the transaction including, but not limited to: the Provider, and if applicable any delivery services a Patient choices to pickup and transport their completed order(S). Upon receipt of the payment and the ordered Product being provided; VOSRX will be responsible for releasing and allocating the funds amongst the parties accordingly.

3. The Program is designed mainly for individual Patients using maintenance medications for the treatment of long-term conditions. Unless specified otherwise, each Patient is enrolled in our Auto-refill adherence service for their Prescription Medication refills. Each Patient is responsible for monitoring their Auto-refill schedule and their prescription labels for any remaining refills or expiration to ensure only continued therapies are dispensed without any gaps in their treatment. A Prescription with zero refills or that has expired no longer qualifies for Auto-refill.  I, the Patient agree to communicate with VOSRX at least 7 days in advance of my next Auto-refill any changes in therapy or for assistance in requesting a renewal Prescription on an existing therapy from my prescriber on my behalf.

4. Due to legal restrictions or scarcity, there may be situations in which a Product a Patient may wish to order is not available.

 Participation in the Program

5. Participation in the Program is subject to criteria established by VOSRX. Those criteria are subject to change at VOSRX’s sole discretion, without notice. Some applicants, including me, may not qualify or be deemed eligible to participate in the Program. Eligibility determinations shall be made by VOSRX in its sole discretion.

 My Participation in the Program

6. My participation in the Program is voluntary, and at my own risk.
7. The Program and/or my participation in it may be terminated by VOSRX, at any time with or without notice or cause.
8. I will comply with these Terms and Conditions. If I fail to comply with these Terms and Conditions, I will no longer be eligible to participate in the Program.
9. My participation in the Program shall not constitute or be construed as constituting a partnership, joint venture, or principal agency relationship between myself and VOSRX.

 Power of Attorney

10. I name and authorize each of VOSRX, and any Provider which will be supplying Product to me, as my designated agent and attorney for the limited purposes of taking all steps and signing all related documents on behalf of myself necessary to obtain authorization to fill or refill my orders and complete the sale of the Product(s) to me at the premises, in the jurisdiction, in which the Provider physically operates, including, without limitation:
11. dealing with prescriber offices, medical and prescription insurance companies, as well as co-pay assistance programs, to: arrange, inquire, convey, sign, and forward documents, test results, financial details, health information, appeals, and insurance forms to obtain approval, maintain continuity of care, or financial assistance to fill or continue filling my Prescription Medication or Product orders; and
12. appointing a third party such as a courier or postal service that will act as my agent for the purposes of taking possession of my order(s) at a Provider, then delivering to my address, the Product(s) I have ordered;

Each of VOSRX, and any such Provider has the same authority in this regard as I would if I was personally present, taking those steps, and signing those documents myself.

 Me and my Prescription Medication

11. I am of the age of majority and I am not restricted from making my own medical decisions or decisions for others for whom I am the caregiver or guardian.
12. I will be the only person using the Prescription Medication, which I order, and I will use them as prescribed.
13. I cannot return the Prescription Medication that I order for exchange or refund.
14. A physician (“Primary Physician”) duly licensed to practice medicine in the country, province, territory, state, or other applicable jurisdiction, in which I reside, will prescribe any Prescription Medication that I order. Any and all Prescription(s) I present for use in the Program will be lawfully obtained by me from my Primary Physician, who physically examines me.
15. I will immediately contact my Primary Physician in the event I experience any unexpected side effect(s) from the Product that I order.

My Information

16. The collection, retention, disclosure and use of my personal health information by VOSRX, shall be governed by the Privacy Policy of VOSRX, in effect, and as amended, from time to time, in the reasonable exercise of VOSRX’s discretion.
17. I, my caregiver, or my guardian must provide complete and accurate information with respect to: my addresses, contact information, billing information, insurance, health information, medications, allergies, and any delivery instructions that me or my agent shall undertake.

Dispensing Prescription Medication

18. In all cases, VOSRX, must receive a valid Prescription for fulfillment, of orders for Prescription Medication(s)
19. I must indicate if I choose to have child resistant or compliance packaging supplied.
20. A VOSRX may substitute a generic Prescription Medication for a brand name Prescription Medication, where available, unless my Primary Physician has indicated there be no such substitution.
21. The final sale to me takes place in the jurisdiction, at the retail physical establishment, in which the fulfilling Provider operates (15600 N. Black Canyon Highway, Suite B135, Phoenix, Arizona), and I become the owner of the Product when the Provideraccepts my order for fulfilling, places the Product in a container, or otherwise completes the steps necessary to prepare it for my use, and causes my payment and or insurance to be processed. I am then responsible for picking up, personally shipping, or otherwise arranging the delivery of the Product to my address. Any steps connected with transportation are carried out by me or by someone acting as my agent on my behalf.
22. All treatment I receive from each of the said pharmacists, physicians and Provider is being received in the jurisdiction in which each such pharmacist, physician, or Provider physically operates.
23. Counseling is offered free of charge on all new and refill medications to the Patient, the caregiver, or the guardian. Shall you wish to accept our offer to counsel you can visit with us in person at the retail physical establishment, in which the fulfilling Provider operates (15600 N. Black Canyon Highway, Suite B135, Phoenix, Arizona) or call us toll free at 1-844-622-5045 between 8:00 a.m. and 4:30 p.m. (Mountain Standard Time), Monday through Friday.

 Release & Disputes

24. I agree that any and all agreements reached, or contracts formed, throughout the course of my relationship with VOSRX, shall be deemed to be made in the County of Sussex, in the State of Delaware, and accordingly shall be governed by the laws of the State of Delaware without regard to conflict of law principles, applicable to such agreements and contracts.
25. Any dispute that arises between myself and VOSRX, its affiliates, related companies, subsidiaries, officers, directors, shareholders, employees or agents, shall be governed by the Laws of the State of Delaware, provided that the courts of the County of Sussex, in the State of Delaware shall have sole and exclusive jurisdiction over any such dispute, including but not limited to, claims of negligence or malpractice. No action or claim may be brought more than a year after I receive the Product(s) that I order.
26. The dispute settlement provisions contained in these Terms and Conditions shall survive regardless of the invalidity of these Terms and Conditions in whole or in part.
27. Where either VOSRX, or I am liable to compensate the other, the amount is restricted to recovering those actual losses recoverable by the Laws of the State of Delaware, and not any punitive or exemplary damages.
28. Any provision in these Terms and Conditions that is invalid or unenforceable shall be deemed to be severable from the other provisions contained in these Terms and Conditions.
29. VOSRX, and the Provider, disclaim any and all representations and warranties, whether express or implied, with respect to the Program and my participation in it.
30. I release, discharge, indemnify and hold harmless each of VOSRX, the Provider, each of their respective subsidiaries, affiliates, and suppliers, and each of their respective officers, directors, shareholders, agents and employees from any and all liability, claims, causes of actions or damages of any kind, whether direct, indirect, consequential, incidental, punitive or otherwise, however caused and regardless of the theory of liability, arising from or due to:any act, error or omission on the part of any third party who is appointed as my agent pursuant to these Terms and Conditions;
    1. termination of the Program and/or my participation in it;
    2. side-effects I experience from the Product which I order;
    3. the failure of the Product which I order to produce a particular effect that I or my physician expect or desire;
    4. any errors or omissions by the Provider that fills my Product order; and
    5. these Terms and Conditions or my participation in the Program except where my loss is caused by VOSRX’s own actions (and not those of other persons such as Provider, pharmacist, prescribing physicians, me or my agent, etc) and VOSRX, is liable for the loss under the Laws of the State of Delaware, taking into account all limitations or defences, including those stated in these Terms and Conditions.

These Terms and Conditions constitute the entire agreement between VOSRX and myself, and VOSRX and I have no additional obligations or liabilities to one another due to any other statements we may have made prior to my agreeing to be bound by these Terms and Conditions.

BY MY using the services provided by vosrx, (1) I CONFIRM THAT I HAVE received, READ, UNDERSTOOD, AND ACCEPT THESE TERMS AND CONDITIONS, (2) I CONFIRM THAT THE REPRESENTATIONS MADE BY ME IN THESE TERMS AND CONDITIONS ARE TRUE AND CORRECT, AND (3) I AGREE THAT THESE TERMS AND CONDITIONS ARE BINDING ON ME AND MY HEIRS, EXECUTORS, LEGAL PERSONAL REPRESENTATIVES AND ASSIGNS.