Agreement between user and April Health for the use of http://www.aprilrx.com
Welcome to http://www.aprilrx.com. The http://www.aprilrx.com website (the “Site”) is comprised of various web pages operated by April Health. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
April Health is the parent company for specialty and retail pharmacies. The Site is intended to provide the public with access to information about our operations and to contact our organization for general purposes, not for the provision of healthcare services.
ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT INTENDED TO SERVE AS, OR TO SUBSTITUTE FOR, THE ADVICE OF A HEALTHCARE PROFESSIONAL. YOU MUST TALK TO YOUR TREATING HEALTHCARE PROFESSIONALS FOR ALL CLINICAL ADVICE INCLUDING DIAGNOSIS AND TREATMENT. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, IMMEDIATELY CONTACT 911.
Visiting the Site, communicating with April Health through the Site, or sending emails to April Health constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email or on the Site, satisfy any legal requirement that such communications be in writing. If you provide April Health with your residential or wireless telephone or fax number through an electronic or other communication, you are expressly consenting to receive text messages, faxes, autodialed and/or prerecorded calls from or on behalf of April Health at that number. In the case of text messages, your wireless carrier’s standard messaging and data rates may apply. You may revoke this consent by contacting April Health in writing at the email address or street address in the “Contact Us” section below.
If you send us any suggestions, comments, feedback or other material (collectively “Feedback”) you hereby represent and warrant to April Health that you own all rights to the Feedback, and grant April Health a perpetual, irrevocable, unrestricted, worldwide, royalty-free, sublicensable, assignable license to use, reproduce, display, transmit, distribute, and create derivative works from, your Feedback, in whole or in part.
April Health does not knowingly collect personal information online from persons under the age of thirteen. Persons under the age of thirteen are instructed not to send April Health any information online. If you are under eighteen, you may use the Site only with permission of a parent or guardian.
Links to Third-Party Sites/Third-Party Services
The Site may contain links to other websites for organizations that are not corporate affiliates of April Health (“Linked Sites”). The Linked Sites are not under the control April Health or its affiliates, and April Health is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to Linked Site. April Health is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by April Health of the site or any association with its operators. In addition, the Site may contain links to websites of corporate affiliates of April Health (“Affiliated Sites”). Your use of any Affiliated Sites will be subject to all terms and conditions relating to those Affiliated Sites.
Certain services made available via the Site may be delivered by third party sites and organizations. By using any product, service or functionality originating from the http://www.aprilrx.com domain, you hereby acknowledge and consent that April Health may share such information and data with any third party with whom April Health has a contractual relationship to provide the requested product, service or functionality on behalf of Site users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a personal, non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms and applicable law. As a condition of your use of the Site, you represent and warrant to April Health that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not submit any material through the Site that is unlawful, threatening, libelous, defamatory, obscene, or harassing. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You may not misrepresent yourself or provide false or misleading information through the Site. You may not permit any other person to take any actions regarding this site that are prohibited by law or these Terms.
All content included as part of the services provided by the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of April Health or its suppliers or of a third party that has licensed its use to April Health, and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not copy, modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. April Health content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of April Health and the copyright owner. You agree that you do not acquire any ownership rights in any content. We do not grant you any licenses, express or implied, to the intellectual property of April Health or our licensors except as expressly stated in these Terms.
The Site is controlled, operated and administered by April Health from within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use any content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless April Health, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any communications made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. April Health reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with April Health in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. APRIL HEALTH AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME IN ITS SOLE DISCRETION.
APRIL HEALTH AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. APRIL HEALTH AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
April Health reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms are governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. In addition, you agree to provide us with thirty (30) days’ notice before taking any legal action relating to a dispute under these Terms. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and April Health as a result of these Terms or use of the Site. April Health’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of April Health’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by April Health with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
Unless otherwise specified herein, these Terms constitute the entire agreement between the user and April Health with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and April Health with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.
Changes to Terms
April Health reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. April Health encourages you to periodically review the Terms to stay informed of our updates.
Failure or delay on the part of April Health to exercise any right, power, privilege or remedy hereunder shall not constitute a waiver thereof. No provision of these Terms may be waived by April Health except by a writing signed by an authorized representative of April Health.
These Terms are binding upon and inure to the benefit of you and April Health and their respective successors and permitted assigns. However, you may not assign any of your rights or delegate any of your obligations under these Terms without the prior written consent of April Health. April Health may assign its rights and/or delegate its obligations under these Terms to any of its affiliates or successor companies. Assignments made in violation of this provision are null and void.
April Health welcomes your questions or comments regarding the Terms:
420 Industrial Road
San Carlos, California 94070
Telephone number: (650) 412-4555
Effective as of April 7, 2020.