Stellus Rx’s mission is to help communities thrive, including through its communication tools for patient and provider engagement. The Applications may allow for various healthcare and pharmacy services and offerings, including care management, secure chat, videos, kiosks, and electronic consultations, among other things. You may be able to access PHI and PII through these Applications including patient demographics, diagnosis, claims, utilization, prescription and care activities. By using these Applications, you agree to:
- Protect your unique identifier and/or password from unauthorized use;
- Notify Stellus Rx immediately if you discover any changes or modifications to your account that you did not authorize;
- Notify Stellus Rx immediately if you suspect or discover any unauthorized access or use of your account or information; and
- Use the Applications for personal or non-commercial purposes only.
II. Proprietary Rights.
All material contained in the Applications is protected by law, including but not limited to, United States copyright law. Except as indicated, Stellus Rx is the owner of the copyright in the entire content (including trademarks, service marks, text, graphics, logos, email messages, bulletin board postings, brochures, communications and newsletters), as well as the various website addresses, and Stellus Rx hereby reserves all rights in that regard. Stellus Rx grants permission to access, view, download, copy, print and distribute non-confidential information found on the Applications provided the copyright notice appears on all copies, use is for internal informational purposes only, and no modification is made to any materials. You may not reproduce, display, publish, transmit, distribute or otherwise use the materials from the Applications for any public or commercial purpose without the prior written permission of Stellus Rx. Stellus Rx owns all trademarks, service marks or other logos featured on the Applications, and any use or misuse of these trademarks, service marks or logos is expressly prohibited and may be a violation of federal and state law.
IV. Third Party Applications.
Stellus Rx Applications may contain links to other websites or applications hosted by independent third parties. These third-party websites are not hosted or maintained by Stellus Rx; therefore, Stellus Rx does not warrant or guarantee the validity or accuracy of the information posted on these websites, or any products or services that may be available on these websites. As a result, you agree that Stellus Rx has no liability for any damages you may incur as a result of your use of or the information you receive from or submit to these third-party websites.
V. Disclaimer of Liability and Warranty.
USE OF THE APPLICATIONS IS ENTIRELY AT YOUR OWN RISK. STELLUS RX PROVIDES THE APPLICATIONS ON AN “AS IS” AND “WHEN AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT WILL STELLUS RX OR OTHER THIRD PARTIES MENTIONED OR REFERENCED ON THE APPLICATIONS, BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE, INABILITY TO USE, OR RELIANCE UPON THE APPLICATIONS, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, DEFECTS, DELAYS OR SYSTEM MALFUNCTION OF THE APPLICATIONS, REGARDLESS OF WHETHER STELLUS RX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STELLUS RX DOES NOT GUARANTEE THAT ACCESS TO THE APPLICATIONS WILL BE UNINTERRUPTED, THAT ALL LINKS WILL WORK, OR THAT YOU WILL HAVE ACCESS TO ALL INFORMATION.
All information, ideas, suggestions, bulletin board postings, surveys, feedback, comments, questions or other communication (hereby known as “Communication”) you transmit or provide to the Applications are, and will be treated as, non-confidential and non-proprietary, unless such Communication is classified as protected health information pursuant to the Health Insurance Portability and Accountability Act (HIPAA). You are responsible for whatever Communication is submitted, and have full responsibility for any submitted Communication, including its legality, reliability, appropriateness, originality, and copyright. Stellus Rx prohibits any posting or transmission of a Communication that is unlawful, encourages unlawful behavior or is otherwise inappropriate. Stellus Rx reserves the right to refuse or block any Communication or use of the Applications that is unlawful, encourages unlawful behavior, or is otherwise inappropriate.
Stellus Rx strives to maintain control of the Applications, within the constraints of current technology; however, as is customary for non-encrypted internet email communications, your email may be accessed and viewed by other internet users, without your knowledge and permission, while in transit to Stellus Rx. For that reason, to protect your privacy, you should not use email to communicate information to Stellus Rx that you consider to be confidential, especially any protected or personally identifiable health information. Stellus Rx disclaims all liability with respect to any unauthorized access by third parties.
VII. No Legal Advice.
Nothing contained, expressed or implied in the Applications is intended as, nor shall be construed or understood as, legal advice, guidance, or interpretation. By using the Applications, no attorney-client relationship is established or implied under any circumstances whatsoever. You are responsible for the use, misuse, or failure to use legal information or communication available on the Applications or any externally linked websites, and Stellus Rx assumes no liability or responsibility for your use, misuse, or failure to use legal information or communication available on the Applications or externally linked websites. Should you have any questions about any law, statute, regulation or other legal requirement referenced in the Applications, please contact your own licensed, practicing legal professional.
VIII. Updates, Corrections and Changes.
Stellus Rx reserves the right to modify or delete any or all information at any time without notice. Furthermore, Stellus Rx is not responsible for your use, misuse, or failure to use any or all information or services that have been modified or deleted. Stellus Rx has no obligation to update any information or content on the Applications. Stellus Rx may also make improvements and/or changes in the information or content contained in the Applications at any time without prior notice.
Stellus Rx may use what is known as “cookie” technology. A “cookie” is a data element sent to your browser by a web site when you link to that web site. By assigning a unique data element to each visitor, the web site is then able to recognize repeat users and track usage patterns to better serve visitors when they return to that web site. The cookie does not extract Protected Health Information (PHI) or Personally Identifiable Information (PII). Most browsers provide a simple procedure that enables users to control whether they want to receive cookies or notifies them when a website is about to deposit a cookie file.
X. Governing Laws and Jurisdiction.
These TOUs will be governed and construed in accordance with the laws of the State of Texas, without reference to its choice of law. By accessing, viewing, or using the material contained within the Applications, you consent to the jurisdiction of the federal and state courts, as applicable, presiding in Collin County, Texas, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.
By using the Applications, you agree to indemnify, defend and hold harmless Stellus Rx, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all fines, suits, proceedings, claims, causes of action, demands or liabilities of any kind or of any nature arising out of or in connection with use of the Applications and any breach by you of the TOU herein.
XII. Contact Us.
Stellus Rx, LLC
8277 Belleview Drive, Suite 250
Plano, TX 75024