PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM. BY USING OR ACCESSING THIS PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF USE AND THE MAKORX, LLC PRIVACY STATEMENT. YOU AGREE TO BE LEGALLY BOUND BY THE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE DO NOT USE THIS PLATFORM.
Thank you for reviewing these Terms of Use for this Platform (“Terms of Use”). These Terms of Use create a legal agreement between you and MakoRx, LLC, the parent company of Care Connect and Care Check-In, including use of the Care Connect and Care Check-In platform (“CareConnect” or “CareCheck-In” or “this Site“ or “this Platform”), If you choose to access this Site from locations outside the U.S., such conduct is at your own risk and may be subject to the laws of both the United States of America and the country from which you access this site. You are responsible for compliance with any local laws. You may not use or export anything (including information) from this Site in violation of U.S. export laws, regulations or these Terms of Use.
This Platform is a web-based, booking, ordering, and patient management system for medical offices, patients, employers, and pharmacies and other approved users. Your use of this Platform is subject to and indicates your acceptance of a limited, revocable, non-exclusive, non-transferable, non-sub-licensable license to use this Platform as-is solely for your own internal business purposes and subject to the following provisions:
Use of the Care Connect and Care Check-In Platform. The Platform allow users to receive and transmit specific patient information, including demographics, insurance information, medical history and medications. The Platform also serves as the system for recordation of certain patient pharmacy encounters.
Prescriber Forms.
This Platform allows authorized users to generate certain informational documents intended to be sent to a patient’s health care provider. Such informational documents sent to the patient’s health care provider, can communicate relevant information based on the pharmacy encounter.
Billing.
This Platform may allow authorized users to submit claims for payment pharmacy encountersto the patient’s health plans, health insurers and employers.
1. Terms of Use are Limited to this Site. These Terms of Use are specific to this Platform and do not apply to activities unrelated to this Platform, including activities occurring on websites that may be operated by or on behalf of MakoRx, LLC. You should note that different terms of use may apply to other parts of the Platform’s web presence.
2. Use of this Site, Generally. Member groups, pharmacists, healthcare providers and eligible individuals with authority can view and download materials on this Platform for limited use, provided that such use retains all copyright and other proprietary notices contained in the original materials on any copies of the materials. All product names, regardless of whether they appear in large print or with a trademark symbol, are trademarks of the Platform, or MakoRx, or its licensors or joint venture partners, unless otherwise noted. The unauthorized use or misuse of these trademarks, copyrights, or other materials, except as permitted herein or permitted by contract, is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes and/or regulations. The Platform and/or MakoRx also reserves the right to terminate your authorization to use this Platform and to delete any one or more of your related accounts immediately and at any time if you breach or threaten to breach any of these Terms of Use. A breach of this Platform may automatically suspend your use while under review. If termination of use is finalized, you may be required to cease use of any previously downloaded or printed materials.
Training Materials.
The Platform may include product information, reference materials and other resources designed to provide education regarding this Platform and other relevant matters. Such training materials (e.g., training modules, webinars, information sheets, etc.) may be viewed and downloaded for educational purposes by authorized Platform users only. Any other use requires the express prior written permission of MakoRx or the Platform.
Promotional Materials.
This Platform may include certain documents, designed to be printed as brochures, pamphlets or flyers, designed to promote specific products or services to health care professionals and/or their patients. Such promotional materials may be viewed and downloaded and are intended to be reproduced and distributed; however, the promotional materials may not be modified in any way without the express prior written permission of the Platform orMakoRx.
3. Accuracy of Content, Generally. While MakoRx or the Platform strive to provide accurate information including through periodic updates, there is no guarantee that information presented through this Site will be accurate, timely or complete. The Platform or MakoRx shall not be responsible for any consequences arising from your reliance on the accuracy of any information presented through this Platform. This statement includes member information, educational and promotional materials.
4. No Medical Advice. You acknowledge and agree that information presented through this Site is not medical advice and is not intended to replace consultation with a licensed health care professional. Further, you acknowledge and agree that the Platform shall not be held liable for any claims, including personal injury or death, arising from or in any way relating to use of the information presented through this Site.
5. Prohibited Behavior. You must not use this Site to interfere with or disrupt the proper operation of this Platform in any manner that may adversely affect the Platform, MakoRx or any third party, including using this Site to do any of the following prohibited actions:
- Harm minors in any way;
- Engage in excessive use of this Platform with the intent to crash, disrupt or impair the fair use by others;
- Use this Platform for any purpose or in any matter that violates any local, state, or federal law or regulation or the law or regulation of any foreign government;
- Upload or otherwise transmit any information or material that infringes or violates any patent, trademark, copyright or other intellectual property right, privacy right or publicity right of any person or entity;
- Post or transmit any information that is illegal, threatening, libelous, defamatory, obscene, religious, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person or any other information or materials that constitute a crime, give rise to a civil action or otherwise violate any law or a confidentiality agreement that you have with a third party;
- Impersonate another person or entity, including without limitation a representative of MakoRx LLC, falsely represent or misrepresent your affiliation with another person or entity, forge headers, or otherwise manipulate identifiers that would disguise the origin of any content;
- Upload or otherwise transmit any material that contains software viruses, or any other code, files or programs designed or known to disable, interrupt or limit the functionality of any computer hardware, computer software or telecommunications equipment or facility.
6. Links to Other Websites. Links to third-party websites on this Platform, if any, are provided solely as a convenience to you. If you use these links, you will leave the Site. The Platform has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. As a result, the Platform and MakoRx does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.
7. Eligibility. You may access specific portions of this Site subject to these Terms of Use and the related Privacy Policy; however, eligibility for use of some parts of this Platform is restricted to the contracted services. For example, the medication therapy management services may be restricted to contracted health plans, health insurers, or employers and network agreements may be restricted to pharmacies or other approved providers. Eligible users will be registered and receive a unique user login identification and password.
8. Disclaimer of Warranties. Use of this Site is solely at your own risk. This Site is provided on an “as is” and “as available” basis. The Platform and MakoRx, LLC expressly disclaims all warranties of any kind with respect to this Platform, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property. The Platform and MakoRx make no warranty that this Platform will meet your requirements, be uninterrupted, timely, secure, current, accurate, complete, error free, or that certain results may be obtained by use of this Platform. If you have any concerns about the contents or use of this Platform, you should contact MakoRx using the Contact Us information on the website.
The Platform may make changes to this Platform at any time and without notice. Some materials and data may be out of date and the Platform makes no commitment to update the materials available on this Platform. Information published on this Platform may refer to products, programs or services that are based on contractual agreements and are not available to every user. Please note that some jurisdictions may not allow the exclusion of implied warranties. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
9. Disclaimer of Content. You understand and acknowledge that the Platform and MakoRx assumes no responsibility to screen or review content provided as part of this Site that is originated by parties other than the Platform, and that the Platform shall have the right, but not the obligation, in its sole discretion to monitor, refuse and remove any content that is available on this Site. The Platform expressly disclaims all responsibility or liability to you or any other person or entity for the performance or nonperformance of content review. You acknowledge and agree that you assume all risk associated with the use of any and all content contained within this Platform.
10. Social Media. The Platform and MakoRx may include links to various social media platforms such as LinkedIn, Facebook and Twitter on this Site and encourage user feedback. Such links are for internal information purposes and does not reflect legal connection with, warranty or promotion of the social networks by the Platform and MakoRx.
11. Limitation of Liability. Unless otherwise contractually agreed, the Platform shall not be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages arising out of access, use or inability to use this Platform or any websites linked, including without limitation, damages for loss of profits, goodwill, use, data loss, or other losses or any errors or omissions in the content of any or all such websites or platforms whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
12. Rights to Content. You understand and agree that your use of this Platform entitles MakoRx to use, monitor and preserve copies of all information submitted through this Platform and to disclose such information if required to do so by law or in the good faith belief that such disclosure will promote compliance with legal process, enforcement of these Terms of Use, assistance in responding to claims that content violates the rights of third parties, protection of the personal safety of any person, or protection of the property rights of the Platform or any other person or entity.
13. Use of “Cookies.” Some limited pieces of information are learned from visits to this Platform based on browser connections. This information is referred to as “Cookies.” This Platform uses Cookies internally only to identify high-level data of consumer preferences while visiting this website. Such Cookies data include number of visitors, the various sections searched, words searched, date and time of searches, browser used and IP address from which you access the Internet.
14. Indemnification. You agree to defend, indemnify and hold the Platform and MakoRx, and their officers, directors, employees and agents, harmless from and against any third party claim, action ordemand (“Claim”) and all liabilities and settlements related thereto, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of this Platform in a manner that violates these Terms of Use. The Platform shall provide notice to you promptly of such Claim and shall reasonably cooperate with you, at your expense, in your defense of any such Claim.
15. Intellectual Property.
a. Trademark. The associated Platform names are a trademark of MakoRx, LLC. Other trademarks are owned by MakoRx, or are owned by and used with the permission of their third-party owners, as indicated. You agree not to use or display trademarks without the prior written consent of MakoRx or the owner of such mark.
b. Copyright. The content of this Platform is owned by MakoRx (or licensed from third parties) and is protected under United States of America copyright laws. Certain materials are used by permission of their respective owners. Such content, including but not limited to graphic images, buttons, and text related to the Platform and MakoRx products, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed by someone without authority to use the Platform and not in any way intended for use as outlined by Agreement, without the prior written permission of MakoRx.
16. Jurisdiction and Venue. This Platform and these Terms of Use (including without limitation the validity, construction and performance of duties related to the Terms of Use) will be governed by and construed in accordance with the laws of the United States of America and more particularly the laws of the State of North Carolina without giving effect to any principles of conflicts of laws.
17. Notice. The Platform or MakoRx may provide notice to you by email, regular mail, certified mail or return receipt requested to the address you provided to the Platform in the Pharmacy Network Agreement or the Platform agreement, as applicable.
18. Miscellaneous. These Terms of Use and, as applicable, any executed contractual agreement between the user and the Platform constitute the entire agreement between you and MakoRx and govern your use of this Platform. In the event of any conflict between these Terms of Use and an executed contract with MakoRx or the Platform, the executed Pharmacy Network Agreement or the Platform contract shall control. You also may be subject to additional terms and conditions that may apply when you use third party content or services available through this Site. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. The failure of the Platform to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Platform or these Terms of Use must be filed within one year after such claim or cause of action arose.
19. Termination. You acknowledge and agree that the Platform may terminate or suspend your user credentials and/or other access privileges upon cause. MakoRx may also remove and discard any content without notice to you for any reason, including without limitation, if: (i) you do not use this Platform for what MakoRx, in its sole discretion, deems to be an extended period of time; (ii) MakoRx believes that you have violated any of these Terms of Use; or (iii) you have otherwise acted or failed to act in any manner that MakoRx deems objectionable. You agree that any termination of your access to the Site shall not result in any liability or other obligation of MakoRx to you or any third party in connection with such termination.
Effective: 08.09.2022