Terms of Service for APG Patient Portal

TERMS OF SERVICE FOR APG PATIENT PORTAL

Effective Date: December 1, 2023

Last Updated Date: March 18, 2025

Welcome to the Apotheco, LLC dba Apotheco Pharmacy Group’s (“APG”) Patient Portal (“APG Patient Portal “Apotheco”, “we”, “our”) located at https://rx.apothecopharmacy.com/ (the “Site”). Please read these Terms of Service (the “Terms”) and our Privacy Policy (Link) carefully because they govern your use of our Site and our pharmacy services software and prescription delivery services accessible via our Site. To make these Terms easier to read, the Site and our services are collectively called the “Services.”

PLEASE NOTE THAT THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Agreement to Terms

By using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you don’t agree to these Terms, you shouldn’t and aren’t permitted to use or access any of the Services. If you are a new customer, these Terms are effective on the date of your first use of the Services. If you are an existing customer, these Terms are effective on the Effective Date.

APG Patient Portal Services

APG Patient Portal provides ordering and delivery services for prescription medication and other over-the-counter pharmaceutical products (collectively, “Products”) for Apotheco Pharmacy Group. We may also provide marketing or educational content related to certain products, medications and diseases. Once you create an Account (as defined below), you’ll be able to purchase, track and schedule the delivery of Products through the applicable fulfilling Apotheco pharmacy.

By using APG Patient Portal, you consent to the following:

APG Patient Portal may use the personal data you provide via the Services or over the phone to process your prescription medications;
Receive marketing or educational content related to certain products, medications and diseases; and
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 APG PATIENT PORTAL SERVICES.

IN THE EVENT OF A MEDICAL EMERGENCY, DO NOT USE THE SERVICES. PLEASE CALL 911.

Modifications to Terms or Services

From time to time, we may update the Services and these Terms, and such changes shall be applied prospectively. Your use of the Services after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. We will notify you of any material updates to the Terms by posting the modified Terms and Services on the Site. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. We may, in our sole discretion, and at any time, discontinue the Services or any part thereof, with or without notice, or may prevent your use of the Services with or without notice to you. You agree that you do not have any rights in the Services and that we will have no liability to you if the Services are discontinued or your ability to access the Services (including any content you may have posted) is terminated.

Eligibility for Use of Services

The Services are intended for use by users that reside in the U.S. and are 18 or older (or 13 or older, with the consent and involvement of a parent or guardian) and are not barred from using the Services under applicable law. If you are not the intended audience or you object to these Terms, you may not use our Services.

Registration and Your Information

Before using the Services, you’ll need to first create an account (“Account”). It’s important that you provide us with accurate, complete and up-to-date information for your Account. You agree to review such information each time you use our Services and to update it as appropriate. If your Account information is inaccurate or not up to date, we may suspend or terminate your Account. You are solely responsible for the activities and security of your account, and you must notify us if you suspect any unauthorized use. We are not liable for any loss you incur as a result of someone else using your password or account, either with or without your knowledge, and are not responsible for any delay in shutting down your account after you have reported a breach of security to us.

Marketplace Facilitator Disclaimer of Warranties

IF YOU ARE A PATIENT/BUYER, YOU UNDERSTAND THAT WE PARTNER WITH THE MARKET PLACE FACILITATOR TO OPERATE A MARKETPLACE THAT ENABLES YOU TO PURCHASE OTC PRODUCTS DIRECTLY FROM YOUR HEALTHCARE PROVIDER. ALL TRANSACTIONS FOR OTC PRODUCTS ARE BETWEEN YOU AND YOUR HEALTHCARE PROVIDER. NEITHER SKIN MEDICIATIONS OR APOTHECO OR THE MARKETPLACE FACILITATOR IS A PARTY TO A TRANSACTION BETWEEN YOU AND YOUR HEALTHCARE PROVIDER. THE MARKETPLACE FACILITATOR DOES NOT MANUFACTURE OR CONTROL ANY OF THE PRODUCTS OFFERED ON OUR SITE. YOU RELEASE THE MARKETPLACE FACILITATOR FROM ANY CLAIMS RELATED TO THE PRODUCTS.

Fees

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 may be higher through APG Patient Portal. Pricing is dependent on a variety of factors, including but not limited to your insurance coverage, geographic location, date, the prescription, and any prescription coupons that are applicable. 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. If you make any purchases, you represent that you and we (including our service providers) are authorized to use the information you provide (including payment method information) to carry out the transaction. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY OF THE SERVICES. Our acknowledgement of an order means that your order request has been received, but not that your order has been accepted or shipped.

Health-Related Content

By using APG Patient Portal’s Services, you agree Any health-related Content provided on the Services is not intended to be a substitute for professional medical advice, diagnoses, or recommendations about medical treatment. Apotheco provides counseling on medications, as a typical pharmacy would, through our licensed pharmacists. However, you should always check product information (including package inserts) regarding dosage, precautions, warnings, interactions and contraindications before administering or using any device, drug, herb, vitamin, or supplement. You expressly acknowledge and agree that Apotheco is not responsible or liable for the results of any decisions made based on your use of health-related Content or the Services.

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 APG Patient Portal.

If you have any questions about a medical condition, medicine, or prescription, contact one of our licensed pharmacists, your physician, or another health care provider. Never disregard medical advice or delay in seeking it because of the Services. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

You understand and agree that neither APG Patient Portal 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.

Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at help@apothecopharmacy.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.

Privacy Policy

In order for us to provide the Services to you, you will need to provide certain personal information. Please refer to our Privacy Policy (Link) for information on how we collect, use and disclose information from you and our other users.

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

APG Patient Portal 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, APG Patient Portal 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 APG Patient Portal 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 APG Patient Portal 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. For further assistance with removal, please email help@apothecopharmacy.com.

Rights in Content Granted by APG Patient Portal

Subject to your compliance with these Terms, to the extent APG Patient Portal has obtained rights in the Content, APG Patient Portal 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.

Prohibited Conduct

By using the Services, you specifically agree to the following:

You will not use the Services if you’re less than 18 years of age (but a parent or guardian may use the Services on your behalf if you’re under 18);
If you’re using the Services on behalf of another customer, including by adding such customer as a dependent to your account, you will obtain their consent prior to using the Services on their behalf;
You will not use the Services for fraudulent transactions or for any purpose that violates any applicable local, state, national, foreign laws, or regulations;
You will not submit inaccurate, incomplete, or out-of-date information or falsify information in connection with your use of the Services;
You will not attempt to obtain the password, account, or other security information of any other customer;
You will not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of any part of any of the Services;
You will not engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Services for purposes of creating or compiling that data or content for any purpose;
You will not interrupt or attempt to interrupt the Services’ operation or any other person’s use of the Services in any way (including by hacking or defacing any portion of the Services or by providing any material that contains any viruses or other harmful computer code);
You will not sign up for an account or otherwise use the Services if you’re located outside of the United States;
You will not use or interact with the Services in any manner that adversely affects our interests or the interests of a third party, including any use or interaction that infringes or violates the intellectual property rights of us or any third party;
You will not use or interact with the Services in any manner (including through the materials that you submit to the Services) that is unlawful, harmful, or otherwise objectionable as we determine in our discretion; and
You will not threaten, harass, discriminate against, or otherwise act inappropriately towards any of our employees or service providers.

You understand that we may suspend or terminate your ability to use any of the Services if we believe that you’re breaking any of these rules.

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”) that are not owned or controlled by Apotheco. Sponsors are responsible for the objectivity and accuracy of their Links or Content, and such Links or Content is not reviewed by APG Patient Portal for accuracy or objectivity. Accordingly, you acknowledge and agree that APG Patient Portal 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.

Termination

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 help@apothecopharmacy.com 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.”

Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LA AND WITHOUT LIMITING THE FOREGOING, APOTHECO DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING ANY SERVICE AND ANY CONTENT AVAILABLE ON OR ACCESSIBLE THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, TITLE, QUEIT ENJOYMENT, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. APOTHECO AND THE MARKETPLACE FACILITATOR DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES. YOUR SOLE REMEDY AGAINST APOTHECO FOR DISSATISFACTION WITH ANY SERVICE OR ANY CONTENT IS TO STOP USING THE SERVICE.

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.

APG PATIENT PORTAL EXPRESSLY DISCLAIMS ANY LIABILITY FOR CANCELLED OR OTHERWISE UNFULFILLED ORDERS OR ANY INJURY OR DEATH RESULTING THEREFROM. 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 OR THE PHARMACY.

APG PATIENT PORTAL DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRESCRIPTION MEDICATION OR PHARMACEUTICAL PRODUCT

Limitation of Liability

NEITHER APOTHECO NOR ANY OF OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, LICENSORS OR CONTENT PROVIDERS WILL BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR (I) ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF, OR INABILITY TO USE THE SERVICES OR THE CONTENT, OR (II) ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US BY YOU FOR THE SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $500.00. THE FOREGOING LIMITATIONS APPLY EVEN IF APOTHECO HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CERTAIN DAMAGES, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN APG

PATIENT PORTAL AND YOU.

Dispute Resolution

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 Apotheco 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 APOTHECO 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.

General Terms

These Terms constitute the entire and exclusive understanding and agreement between APG Patient Portal and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between APG Patient Portal and you regarding the Services and Content. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without Apotheco’s or the Marketplace Facilitator’s prior written consent. Apotheco may assign its rights and duties hereunder to any third party at any time without notice to you.

Any notices or other communications provided by APG Patient Portal under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

APG Patient Portal’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Any course of conduct between you and Apotheco shall not act to modify any provision of these Terms. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of APG Patient Portal. 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.

Messaging

By entering into this Agreement or using APG Patient Portal's Services, you agree to receive communications from us, including via text messages. You agree that text messages may be generated by automatic telephone dialing systems. Communications from APG Patient Portal will include transactional or operational communications concerning your account or use of APG Patient Portal’s Services. Message and data rates may apply for any messages sent to you from us and to us from you. Messages frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF APG PATIENT PORTAL’S SERVICES.

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at help@apothecopharmacy.com.

Carriers are not liable for delayed or undelivered messages.

Contact Information

If you have any questions about these Terms or the Services, please contact APG Patient Portal at help@apothecopharmacy.com.

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