IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND NIMBLE RX THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE “DISPUTE RESOLUTION” SECTION BELOW FOR DETAILS REGARDING ARBITRATION.
Nimble Rx provides ordering and delivery services for prescription medication and other pharmaceutical products (collectively, “Products”) in certain geographic areas for certain healthcare providers and pharmacies, as well as educational content related to certain medications and diseases. Once you create an Account (as defined below), you’ll be able to order and schedule the delivery of Products and access certain educational content through the Services.
When you use our Services to order prescriptions, we process your prescription through pharmacies that fulfill such prescriptions.
By using Nimble Rx, you consent to the following:
- Nimble Rx may use the personal data you provide via the Services or over the phone to process your prescription medications;
- If Nimble Rx’s pharmacy partner is unable to fulfill your prescription, Nimble Rx may refer your personal data to an independent pharmacy that will process and fulfill your prescription. The receiving pharmacy will contact the user to complete the payment portion of the transaction as Nimble is not transferring card holder data to the other pharmacy to process the payment;
- If you are not present at your delivery address at the time of your prescription delivery, you acknowledge and agree that your prescription medication may be left at your door. However, in the event of unfavorable weather conditions or other circumstances that might compromise the effectiveness or safety of your medication, re-delivery may be re-attempted.
IF YOU DO NOT AGREE TO THE SPECIFIC TERMS ABOVE, PLEASE DO NOT USE THE NIMBLE RX SERVICES.
IN THE EVENT OF A MEDICAL EMERGENCY, DO NOT USE THE SERVICES. PLEASE CALL 911.
Agreement to Terms
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services
The Services are only available in certain geographic areas and through certain healthcare providers and pharmacies.
You may use the Services only if you are 18 years or older and capable of forming a binding contract with Nimble Rx and are not barred from using the Services under applicable law. Adults can use our services for their minor dependents.
Registration and Your Information
Before you can start using the Services, you’ll have to create an account first (“Account”). It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
You are solely responsible for the cost of your medication that you receive by using the Services. We will charge the cost of your prescription (including any copays) using the payment card you provide. Your costs for a prescription purchase maybe higher through Nimble Rx. Pricing is dependent on a variety of factors, including your insurance company, the prescription, our relationship with our independent pharmacy partner, any prescription coupons that are applicable. Nimble does not bill any government payors and does not get any reimbursement whatsoever from any government entity. All payments for transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
By using Nimble Rx’s Services, you agree that any health-related Content (as defined below) found in the Services is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Nimble Rx. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Nimble Rx, or in connection with any communications supported by Nimble Rx, is intended to be for general informational purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of the Services.
If you have questions, you should discuss the content provided with a licensed healthcare professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before taking or using any device, medication, or supplement discussed on the Services.
You understand and agree that in no event will Nimble Rx be liable for any decision made or action taken in reliance on the Content contained on, or accessible through, the Services. Reliance on any content provided by, or otherwise appearing on, the Services is solely at your own risk.
You understand and agree that neither Nimble Rx nor its suppliers or vendors are responsible for any claim, loss, or damage directly or indirectly resulting from your use of the Services or the information resources contained on or accessible through the Services.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Content and Content Rights For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
Content Ownership, Responsibility and Removal
Nimble Rx does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Nimble Rx and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.Rights in User Content Granted by You
Subject to our obligations under the federal Health Insurance Portability and Accountability Act and other applicable laws, by making any User Content available through Services you hereby grant to Nimble Rx a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content.
Your Responsibility for User Content
You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Nimble Rx on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Removal of User Content
You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights in Content Granted by Nimble Rx
Subject to your compliance with these Terms, to the extent Nimble Rx has obtained rights in the Content, Nimble Rx grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Rights and Terms for Apps
Subject to your compliance with these Terms, Nimble Rx grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes.. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Nimble Rx reserves all rights in and to the App not expressly granted to you under these Terms.
App Store Terms When you download our App from the Apple App Store, Google Play or other app store or app distribution platform (an “App Store”), you acknowledge and agree that: * These Terms are concluded between us, and not with the App Store, and that we (not the App Store), are responsible for our App. * The App Store has no obligation to furnish any maintenance and support services with respect to our App or handle any warranty claims. * The App Store is not responsible for addressing any claims you have relating to our App, such as, product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our App fails to conform to any applicable legal or regulatory requirement. * The App Store is a third party beneficiary of these Terms and has the right to enforce these Terms against you (as it relates to your license of our App through their App Store). * You must also comply with the App Store’s terms of service when using our App.
You agree that you will not initiate, engage in, or encourage any Prohibited Conduct in connection with your use of our Services. “Prohibited Conduct” includes doing things like: * interfering or disrupting, or attempting to interfere or disrupt, any computer or network used to provide or support the Services; * restricting or inhibiting any other user from using and enjoying the Services; * promoting, encouraging, advocating, or providing instructional information about illegal activities; * harassing, bullying or threatening other users; * impersonating another person or representing yourself as affiliated with us, our staff or other industry professionals; * soliciting passwords, account information or other personal information from other users; * except as approved by us in writing, conducting commercial activities and/or promotions or advertisements; * subleasing your account or offering “free space” on or other access to your account to others; * using the Services for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties; or * otherwise creating liability for us.
Enforcement by Us
We have the right (but not the obligation) to review any or all portions of your Content and delete (or modify) any of your Content from our Services for any reason, including if we believe, in our sole judgment, your Content violates these Terms, or that we believe constitutes or promotes Prohibited Conduct or otherwise threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing your Content from our Services (or modifying it), suspending or terminating your account and/or suspending or terminating the provision of our Services to you, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Content, and your conduct.
Third Party Content and Links
The Services may contain Content created by third parties (“Sponsors”), as well as links to Sponsor websites or resources (“Links”). Sponsors are responsible for the objectivity and accuracy of their Links or Content, and such Links or Content is not reviewed by Nimble Rx for accuracy or objectivity. Accordingly, you acknowledge and agree that Nimble Rx is not responsible for the Content created by Sponsors, or the products or services on or available from those Links or Content. You acknowledge sole responsibility for and assume all risk arising from, your use of any Links or Content created by Sponsors.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at firstname.lastname@example.org. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, Sections titled “Feedback,” “Content Ownership,” “Responsibility and Removal,” “Warranty Disclaimers,” “Limitation of Liability,” “General Terms.”
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.NIMBLE RX EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESSED OR IMPLIED, REGARDING A PHARMACY’S PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, OR ACCURACY IN FULFILLING YOUR PRESCRIPTION. NIMBLE RX EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY INCORRECTLY PROCESSED PRESCRIPTION BY THE RELEVANT PHARMACY OR ANY INACCURATE INFORMATION PROVIDED BY YOU. NIMBLE RX EXPRESSLY DISCLAIMS ANY LIABILITY FOR CANCELLED OR OTHERWISE UNFULFILLED ORDERS OR ANY INJURY OR DEATH RESULTING THEREFROM.
WHEN YOU RECEIVE YOUR PRESCRIPTION, IT IS SOLELY YOUR RESPONSIBILITY TO ENSURE IT WAS PROPERLY FULFILLED AND THAT YOU CONSUME THE PROPER DOSAGE. ADDITIONALLY, IT IS YOUR SOLE RESPONSIBILITY TO STORE ALL PRESCRIPTIONS PROPERLY AND IN ACCORDANCE WITH THE GUIDELINES PROVIDED BY THE PRESCRIPTION MANUFACTURER. IF YOU HAVE ANY QUESTIONS REGARDING YOUR PRESCRIPTION, PLEASE CONSULT YOUR PHYSICIAN.
NIMBLE RX DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRESCRIPTION MEDICATION, PHARMACEUTICAL PRODUCT, OR PHARMACY THAT MAY BE MENTIONED ON THE SERVICES. RELIANCE ON ANY INFORMATION PROVIDED BY NIMBLE RX, NIMBLE RX EMPLOYEES, OR OTHERS IS SOLELY AT YOUR OWN RISK.Limitation of Liability
NEITHER NIMBLE RX NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NIMBLE RX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL CLIENT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO NIMBLE RX FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO NIMBLE RX, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NIMBLE RX AND YOU.
Mandatory Arbitration of Disputes: Each party agrees that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. Each party agrees that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Nimble Rx are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
Exceptions: As limited exceptions to the “Mandatory Arbitration of Disputes” section above: (i) each party may seek to resolve a Dispute in small claims court if it qualifies; and (ii) each party retains the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of each party’s intellectual property rights.
Conducting Arbitration and Arbitration Rules: The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless the parties mutually agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Arbitration Costs: Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Injunctive and Declaratory Relief: Except as provided in the “Exceptions” section above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Class Action Waiver: YOU AND NIMBLE RX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
Severability: With the exception of any of the provisions in the “Class Action Waiver” section of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
These Terms constitute the entire and exclusive understanding and agreement between Nimble Rx and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Nimble Rx and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Nimble Rx’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Nimble Rx may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Nimble Rx under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Nimble Rx’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Nimble Rx. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
When you opt-in to receive SMS messages from NimbleRx, you agree that NimbleRx may contact you by text message regarding account information, order status information, prescription reminders, and promotional/marketing messages.
By entering into this Agreement or using NimbleRx's Services, you are opting in to receive communications from us, including via text messages through our Transactional Customer Messaging program [and any other method that NimbleRx intends to contact users]. Opt-in is always optional and you may opt-out at any time.
By entering into this Agreement or using Nimble Rx’s Services, you are opting in to receive communications from us, including via text message
You agree that text messages may be generated by automatic telephone dialing systems. Communications from NimbleRx will include transactional or operational communications concerning your account or use of Nimble Rx’s Services. Message & data rates may apply. Messages frequency varies.
IF YOU WISH TO OPT OUT OF ALL TEXTS FROM NIMBLE RX (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS), YOU CAN TEXT THE WORD STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT TO NIMBLE RX FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF NIMBLE RX’S SERVICES.
If at any time you forget what keywords are supported, just reply “HELP” to the short code. After you send the message “HELP” to us, we will respond with instructions on how to reach us at email@example.com, as well as how to unsubscribe. Otherwise, text “STOP” to cancel.
Carriers are not liable for delayed or undelivered messages.
As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency will vary based on your use. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
If you have any questions about these Terms or the Services, please contact Nimble Rx firstname.lastname@example.org.