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Effective Date: January 1, 2021
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, DIAL 911 AND/OR SEEK IMMEDICATE ATTENTION FROM A HEALTH CARE PROVIDER. THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE.
2. Limitations on Your Use of the Website. You agree that in your use of the website: (a) You may not intentionally post, create, upload or transmit any software or other material which contains a virus or other harmful code or device; (b) You will not impersonate any other person or use a false identity (the name of some other person or entity); (c) You are responsible for all postings or other activity performed using your username and password; (d) You will not access or attempt to access the account of any other person, or any other area or section of this website or any Prime information technology system or database, that is restricted and to which you have not explicitly been granted access; (e) You will not take any action designed to interfere with the operation of this website.
4. Website Is Provided AS-IS. THE WEBSITE IS PROVIDED AS-AVAILABLE AND AS-IS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAY DISCONTINUE OR ALTER ALL OR A PORTION OF THE WEBSITE AND ANY RELATED SERVICES AT ANY TIME WITHOUT NOTICE. WE MAY ALSO SUSPEND OR TERMINATE ANY USER’S ACCOUNT AT ANY TIME FOR ANY REASON OR NO REASON. IN THE EVENT THE WEBSITE CONTAINS ANY PRICING ERRORS, INACCURATE OR OUTDATED INFORMATION, OR OTHER ERRORS, WE RESERVE THE RIGHT TO CORRECT SUCH ERRORS AND ARE NOT REQUIRED TO HONOR ANY PRICING OR OTHER ERRORS. ALTHOUGH THE WEBSITE MAY PROVIDE LINKS TO THIRD PARTY WEBSITES OR SERVICES, WE DO NOT ENDORSE AND ARE NOT LIABLE FOR ANY SUCH THIRD-PARTY ITEMS OR SERVICES.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE WEBSITE OR FOR ANY ACT OR OMISSION BY US RELATED TO THE WEBSITE AS WELL AS ANY RESULTING ALLEGED INJURY OR DAMAGE IS TO STOP USING THE WEBSITE.
YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF US (INCLUDING OUR OWNERS, EMPLOYEES, AFFILIATES, OR VENDORS) BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
IF YOU ARE DISSATISFIED WITH OR INJURED BY ANY SERVICE OR ITEM RECEIVED FROM OR PROVIDED BY A THIRD PARTY IN CONJUNCTION WITH YOUR USE OF THE WEBSITE (FOR EXAMPLE IF YOU HAVE A NEGATIVE REACTION TO A DRUG), WE ARE NOT RESPONSIBLE FOR SUCH ITEM, AND YOUR SOLE AND EXCLUSIVE REMEDY IS TO PURSUE SUCH MATTER WITH THE THIRD PARTY SUPPLYING OR MANUFACTURING SUCH ITEM. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY SECTION AND THE SECTION BELOW, WE WOULD NOT PROVIDE THE WEBSITE, THE SERVICES OR THE CONTENT TO YOU.
IF ANY OF THE ABOVE OR BELOW LIMITATIONS OR DISCLAIMERS ARE NOT PERMITTED IN ANY PARTICULAR STATE OR JURISDICTION, THEN SUCH ITEM IS DEEMED AMENDED AS MINIMALLY NECESSARY FOR LEGAL COMPLIANCE, OR IF AMENDMENT IS NOT POSSIBLE THEN SUCH ITEM IS DEEMED DELETED AND THE REMAINDER OF THIS AGREEMENT REMAINS IN FULL FORCE AND EFFECT.
5. Not Medical Advice. Health Information Disclaimer.
THIS WEBSITE IS DESIGNED TO OFFER YOU GENERAL HEALTH INFORMATION FOR EDUCATIONAL PURPOSES ONLY. THE HEALTH INFORMATION FURNISHED ON THIS WEBSITE AND THE INTERACTIVE RESPONSES ARE NOT INTENDED TO BE PROFESSIONAL ADVICE AND ARE NOT INTENDED TO REPLACE PERSONAL CONSULTATION WITH A QUALIFIED PHYSICIAN, PHARMACIST OR OTHER HEALTH CARE PROFESSIONAL. YOU MUST ALWAYS SEEK THE ADVICE OF A PROFESSIONAL FOR QUESTIONS RELATED TO YOUR DISEASE, DISEASE SYMPTOMS, AND APPROPRIATE THERAPEUTIC TREATMENTS. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROVIDER IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEBSITE.
PRIME DOES NOT MAKE ANY WARRANTY THAT THE CONTENT ON THIS WEBSITE SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. THE CONTENT WAS DEVELOPED FOR USE IN THE U.S. NEITHER OUR CONTENT PROVIDERS NOR WE MAKE ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY. WHILE INFORMATION ON THIS WEBSITE HAS BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, NEITHER OUR CONTENT PROVIDERS NOR WE WARRANT THE ACCURACY OF CODES, PRICES OR OTHER DATA CONTAINED ON THIS WEBSITE.
PRIME DOES NOT GIVE MEDICAL ADVICE, NOR DO WE PROVIDE MEDICAL OR DIAGNOSTIC SERVICES. MEDICAL INFORMATION CHANGES RAPIDLY. NEITHER OUR CONTENT PROVIDERS NOR WE GUARANTEE THAT THE CONTENT COVERS ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, DRUG INTERACTIONS, OR ADVERSE EFFECTS THAT MAY BE ASSOCIATED WITH ANY THERAPEUTIC TREATMENTS.
YOUR RELIANCE UPON INFORMATION AND CONTENT OBTAINED BY YOU AT OR THROUGH THIS WEBSITE IS SOLELY AT YOUR OWN RISK. NEITHER OUR CONTENT PROVIDERS NOR WE ASSUME ANY LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY (INCLUDING DEATH) TO YOU, OTHER PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA OR INSTRUCTION CONTAINED IN THE CONTENT OR SERVICES PROVIDED TO YOU.
6. Price Changes. In addition to the right to correct pricing errors described above, we reserve the right to change the price of any item at any time, without notice. For any order placed by you, your order shall be deemed the “offer” which is not “accepted” unless and until such order has been accepted and filled by us or the applicable third party.
8. Notice of Infringing Images or Content: DMCA Notice. If you believe in good faith that any photos, images, text, or other content appearing on this website infringes any copyright or other intellectual property right owned by you, please send a notice to:
2900 Ames Crossing Road
Eagan, Minnesota 55121
Notice. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work (or other intellectual property right) claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If US law requires any additional or different procedure, then the terms of such law shall control.
9. Postings, Messages or Comments. Certain portions of this website may permit you to upload or post comments, messages, feedback, images, or other information or items. In your use of this website, in addition to the restrictions and limitations described in Section 2 (“Limitations on Your Use of the Website”), you understand and agree to the following: (a) You will not post, transmit, or link to any material, websites or other information or content that is libelous, defamatory, false, obscene, indecent, lewd, offensive, violent, abusive, threatening, harassing, discriminatory, or an expression of hate speech; (b) You may only post, upload or transmit materials (including photos, audio or video) for which you own the copyright and all other relevant rights, and that show, depict and/or describe you, and not any other identifiable person. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You agree that any materials you post or upload will be owned by you or be in the public domain; (c) You may not solicit other users or distribute advertising for products or services through the website, distribute chain letters or messages, mass mailings or bulk email or other bulk messages, or gather email addresses or other contact information for the purpose of sending bulk email or other messages to other users of the website; (d) If you choose to post items in group, public or “chat” portions of the website, such items will be available to the other individuals using the website and we do not warrant, guarantee or otherwise take steps to prevent other users from copying, displaying, uploading, transmitting or otherwise using your material, information, photographs or other information. Always use caution in posting personally identifying information in such areas, as these postings will be deemed public and non-confidential; (e) You will not post any material that violates any law or regulation; (f) You will not post personal or private information regarding anyone other than yourself (for example, you will not publish a telephone number, financial information or address information regarding another person) unless you are the parent or guardian of such person or are otherwise explicitly authorized to act on such person’s behalf; (g) If you provide content via any other social media channel, your activity is subject to the rules specific to such other outlet; (h) We are under no obligation to review any postings, but we may review and remove any posting that we, in our sole judgment, determine is illegal, harmful, a violation of these Terms, or otherwise not appropriate; (i) You understand that Prime is not responsible for the information or items posted by other website users, and such information may be inaccurate or harmful. Your use or reliance on any such information is at your own risk.
10. Trademark Notice. Prime’s names and logos, and all related product and service names, design marks and slogans are the trademarks or service marks of Prime. All rights are reserved. You are not authorized to use any such trademark in any advertisement, publicity or in any other commercial manner without our prior written consent. All other trademarks appearing on the website are the property of their respective owners.
12. Our Content; Content Supplied by Others. Our content and modules may include content provided by your health plan, advertising information, sponsored content provided by third parties, as well as learning information or modules provided by a third party that we believe may be useful. Subject to applicable law, you agree and consent that we may send marketing information, including marketing information provided by our affiliates, divisions, subsidiaries or third parties, to you through all contact information including email, and land-mail, provided by you.
13. Authorized Users Only; Confidential. You agree to keep your user and login information confidential. You are responsible for all actions taken using your username and password. If your password has been compromised, contact us immediately.
While we take measures to protect the confidentiality and security of your information, it is not possible to give absolute assurance that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on our computers and view your information, or the government or other entities with legal authority may require disclosure of your information. By submitting information to us, you agree that you are aware of and accept these risks. If you do not wish to submit your information electronically, do not do so, however in such case you may not be able to make use of the full functionality of the website. You agree that Prime is not responsible for any consequence of illegal acts by third parties, including but not limited to hacking or similar crimes.
16. Jurisdiction and Venue. This website is controlled and operated within the United States and is not intended to subject Prime to any the law or jurisdiction outside of the United States. This website does not constitute any contract with any jurisdiction outside the State of Minnesota. Use of this website is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the website illegal. This Agreement is entered into and performed in the State of Minnesota, United States of America. It is governed by and shall be construed under the laws of Minnesota, exclusive of any choice of law or conflict of laws provisions. In any claim or action directly or indirectly arising under this Agreement or related to the website, each party irrevocably submits to the personal jurisdiction of the Minnesota State District Court sitting in Hennepin County, Minnesota or of the United States Court for the District of Minnesota. Each party waives any jurisdictional, venue or inconvenient forum objections to these courts. You agree that you shall pursue any claim against us or the Service Providers in your individual capacity only, and you will not participate in any collective or so-called “class” action against Prime or any of the Service Providers.
If any of the provisions of this Agreement are held unenforceable or overbroad by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect. You agree to bring any and all claims involving us or the Service Providers within twelve (12) months of the date on which such claim first arises; all claims not brought by you within such time period are waived. All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement shall survive. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
18. Contact Information. You may contact us here. You agree that we may provide any and all notices to you by e-mail, telephone, cell-phone, text message, as well as by any other method.
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