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Terms |
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By utilizing any services accessed through this and/or other affiliated
website(s) via internet, email, or telephone you explicitly agree that you
have read entirely, understand completely, and are currently in and will
maintain full compliance with with the following Terms and Conditions.
ACKNOWLEDGEMENT AND CONSENT BY PATIENT
(INFORMED CONSENT AGREEMENT
AND PATIENT RESPONSIBILITY STATEMENT)
In being of sound and disposing
mind, I hereby acknowledge and accept that:
1. I am above the age of
eighteen (18) years, and have entered into a contract with
EZOvernightMeds.com and its partner health services network(s) of my own
free will, and that I did not act under duress or undue influence.
2.
I am the authorized cardholder of the credit card used for payment of the
requested medication.
3. In respect of my order for medicine:
a. I hereby specifically request that the pharmacist dispensing my order
DOES NOT substitute a generic in place of any brand medicine that I ordered.
b. I fully accept, and understand that this may mean that I have been
charged more for the brand medicine than I would have been charged for the
equivalent generic (where available).
4. I acknowledge and confirm
that the medication shall be for my exclusive personal use, and that I shall
use it as directed. I shall not pass it on to other persons, or be a party
to reselling the medication.
5. I warrant that I have checked to
ensure that the importation of prescription drugs into my jurisdiction of
residence by me does not violate the laws of my jurisdiction or any
jurisdiction at which I may accept delivery of medication shipped to me as a
consequence of my order.
6. I confirm that I have undergone a recent
and satisfactory physical examination by a doctor licensed to practice
medicine in my jurisdiction of residence (herein after called my 'Personal
Healthcare Practitioner'), I further confirm that my Personal Healthcare
Practitioner has diagnosed a certain medical condition, and I attest that I
am utilizing the services of EZOvernightMeds.com only to obtain medication
for the identified medical condition. I agree to consult my Personal
Healthcare Practitioner in the event of difficulties, questions, or
complications. I acknowledge that I have previously used the medication(s)
that I may request with no ill effects, or I have been advised by my
Personal Healthcare Practitioner that the use of the medication(s) is proper
for my medical needs.
7. I confirm that the Medical Questionnaire
contains my full and honest medical history, and that I have answered the
questions truthfully, openly and honestly, and to the best of my knowledge.
8. I understand that in using the facilities of EZOvernightMeds.com the
contents of my medical questionnaire, including my medical history becomes
the property of EZOvernightMeds.com and its partner medical network(s). I
acknowledge that EZOvernightMeds.com and its partner medical network(s) has
the right to store this information, place it at the continuing disposal of
it's staff, and any other persons involved in my treatment, and to continue
to copy, retain and use the said information and records relating to me. I
also understand that my Medical Questionnaire will be reviewed by a
prescribing physician who is licensed to practice in the United States. I am
aware that this physician may or may not be licensed to practice in the
state where I am located at the time that I submit my Medical Questionnaire.
All medical decisions made by the prescribing physician regarding my
medication(s) and any treatment prescribed will be deemed to have occurred
in the state where the physician is physically located.
9. I agree
that any dispute arising between me and EZOvernightMeds.com, its agents,
servants, staff, and/or health care professionals, and affiliates in
relation to the provision of services to me shall be referred to mediation.
If mediation should fail, I accept that the points/issues in dispute may be
referred to Arbitration along the principles set out in the US Arbitration
Act. The decision of the Arbitrator (s) shall be final, and no appeal or
review application shall lie there from. This agreement is binding on me
and/or any agent/attorney suing on my behalf, and/or my heirs and executors.
10. Further regarding my use of the EZOvernightMeds.com and its partner
health services network(s) website and other facilities, I warrant that I
have used and shall always use these facilities for the purpose only of
seeking medical treatment, not for stockpiling drugs to an already adequate
supply.
11. Regarding my treatment, received through
EZOvernightMeds.com and its partner health services network(s), I confirm
that:
a. I shall seek information from my pharmacist and/or Personal
Healthcare Practitioner regarding the risks, benefits, and possible side
effects of my medication. I agree not to take any other prescription
medication or over-the-counter medicines without consulting with my
pharmacist who is aware of my use of all medications.
b. I will use
such medication under the strict supervision of my Personal Healthcare
Practitioner, whose advise shall take precedence over that of, and shall not
be supplanted by that of, any other health professional involved in my care.
c. I undertake to make contact promptly with my Personal Healthcare
Practitioner or any medical practitioner for any necessary emergency
intervention should a complication arise following my use of my medication.
d. I appreciate that there are always attendant risks to the use of any
medication. I understand that I must have regular physical examinations and
laboratory tests to ensure that it is safe for me to take the medication. I
accept all risks involved in taking the medication. I will not seek any
damages or any other liability from EZOvernightMeds.com and its partner
health services network(s), its affiliated companies, contractors, agents or
principals, if any side-effects occur as a result of my use of the
medication.
e. I appreciate that no health professional may guarantee
that my medication shall have the desired effects or will provide the
results I seek.
12. I understand and agree that:
a.
EZOvernightMeds.com and its partner health services network(s) shall not be
liable for any acts or omissions of its associated health professionals, and
of my Personal Healthcare Practitioner in advising me or communicating with
me with regard to my medication. I release EZOvernightMeds.com and its
partner health services network(s) from any and all claims related to
allegations that the prescribing physician acted below the standard of
reasonable medical care because he/she did not perform an in-person physical
examination.
b. The total liability, if any, of EZOvernightMeds.com
and its partner health services network(s) related or arising from my use of
this website to purchase a medication is limited to the purchase price of
the medication purchased. In no instance shall EZOvernightMeds.com and its
partner medical network(s) be liable for any direct, indirect, special,
incidental, consequential, or punitive damages.
c. I am aware that
the prescribing physicians are not employed by EZOvernightMeds.com - and its
partner health services network(s) but are independent contractors to whom
EZOvernightMeds.com gives my information for review. EZOvernightMeds.com
does not direct, control, or influence the medical decisions made by the
prescribing physicians with respect to medication(s). I agree not to hold
EZOvernightMeds.com and its partner health services network(s) liable for
any act or omission, negligent or otherwise, of the prescribing physician.
d. The prescribing physician will review my truthful history and will
decide whether or not to authorize a prescription based on an ongoing,
previously diagnosed medical condition and on that decision basis, the
prescribing physician shall, in no instance, be liable for any direct,
indirect, special, incidental, consequential, or punitive damages resulting
from that decision.
13. I agree to release EZOvernightMeds.com and
its partner medical network(s), its employees, agents, principals, corporate
affiliates and all related parties from any liability arising from my
consumption of the medication and for medical, physical or behavioral and
other effects of any medication that I may take as a consequence of my
order.
14. I understand that EZOvernightMeds.com and its partner
health services network(s) is not engaged in the practice of medicine.
15. I understand that my Medical Questionnaire is the property of the
prescribing physician. I understand that EZOvernightMeds.com and its partner
health services network(s), because it stores and maintains my Medical
Questionnaire, has access to my personal information and health information.
EZOvernightMeds.com and its partner health services network(s) may use my
personal and medical information in accordance with its written privacy
policy posted on this website, which I have reviewed. I understand that,
upon request, I may review the information EZOvernightMeds.com and its
partner health services network(s) has collected about me and notify
EZOvernightMeds.com and its partner health services network(s) of incorrect
information.
16. I understand that EZOvernightMeds.com and its
partner health services network(s) reserve the right to prosecute me to the
fullest extent of the law should I provide any misleading, missing,
inaccurate or incorrect information including but not limited to information
regarding my health condition, personal information, or billing details
should the submission of such information violate these Terms in part or
whole and/or result in legal action taken against EZOvernightMeds.com and/or
its partner health services network(s).
17. I agree that if any court
should find any part or provision of this agreement to be void or
unenforceable, the void or unenforceable part of the agreement shall be
excised from the whole agreement, the remainder of which I accept shall
remain binding on me, and of full force and effect.
Refund Policy
REFUND POLICY
1. All sales are final.
2. All refunds are at
the discretion of management, specifically I agree that NO refunds will be
given in any of the following circumstances:
a. If my order has already
been shipped by EZOvernightMeds.com and its partner health services
network(s).
b. If my order has already been approved by
EZOvernightMeds.com and its partner health services network(s).
c. If I
provided an incorrect address to EZOvernightMeds.com and its partner health
services network(s), and EZOvernightMeds.com and its partner medical
network(s) has shipped my order to this wrong address.
RETURNS POLICY
3. I am aware that I am not permitted to return medicines to
EZOvernightMeds.com for exchange or a refund.
CHARGEBACK POLICY
4. I am aware that chargebacks are not welcome, and that all disputes
can normally be resolved by contacting the management of
EZOvernightMeds.com.
5. I agree that in the event a chargeback is raised
by me in connection with my order that I may be forbidden from reordering
from EZOvernightMeds.com and any and all affiliated sites.
6. I agree
that it is my responsibility to maintain a working email address for all
communications with EZOvernightMeds.com and its partner health services
network(s), this especially applies to 'free' email addresses such as those
from Yahoo!, & Hotmail.
7. I agree that EZOvernightMeds.com and its
partner health services network(s) is not responsible for any failure of
mine to receive emails in connection with my order due to my non working
email address, and that specifically this failure is not valid grounds for
raising a chargeback.
8. I agree that in the event that I raise a
chargeback in connection with my order, that:
a. EZOvernightMeds.com and
its partner health services network(s) will, if fraud is suspected, report
the case to the FBI Internet Fraud Complaint Center, together with
anti-fraud associations, and/or other third parties at it's discretion.
b. EZOvernightMeds.com and its partner health services network(s) may
instigate civil action against me to recover the principal amount, and any
and all additional costs and fees, including legal fees.
Notice of
Privacy Practices
NOTICE OF PRIVACY PRACTICES
This notice
describes the privacy practices of EZOvernightMeds.com, its affiliates, the
associated licensed physicians and pharmacies, with regard to the health
information provided by the customers. These companies and physicians have
agreed to the terms of this Notice of Privacy Practices.
Through this
privacy notice we inform you of our commitment to protecting private health
information and of patients rights to access health information. No other
legal relationship between these physicians and companies is created or
implied, except the one described in this notice.
We are aware that
information about your prescriptions and your health care is private, and we
consider it as personal information. In order to issue prescriptions for our
customers we must record information about their health, such as medical
questionnaires, prescription profiles, prescriptions, and billing records.
HOW WE MAY USE AND DISCLOSE HEALTH INFORMATION
Except for certain
circumstances explained below, we will not use or disclose your personal
health information for any reason:
A. We Use Your Health Information
to Fill Your Prescriptions. In order to issue you a prescription and allow
physicians to evaluate your prescription request we may use or disclose your
protected health information. In this case, your health information will be
first provided to a licensed physician for approval and then to a licensed
pharmacy for the purpose of filling the prescription.
B. We Use
Limited Information to Obtain Payment for Prescriptions. We may use through
Secure Encryption Technology limited information such as your name, billing
address and phone number, and credit card number, in order to obtain from
your credit card company payment for the prescriptions. For customers paying
by check, we also provide your checking account number to a check processing
service. No health information about you is disclosed to the credit card
company or check processing service.
C. We May Use Health Information
for Health Care Operations. We may use or disclose health care information
for our operations, for instance to evaluate the quality of care services we
provide our customers. In order to offer you treatment or obtain payment our
company and affiliates, the physicians, and pharmacies may also disclose
health care information to each other as necessary.
D. Refill
Reminders and Information about Treatment Alternatives. We may use health
care information to contact you by e-mail notifying about prescription
refills, inform about treatment alternatives or other health related
benefits and services you might be interested in. In case you so not wish to
receive this information please advise us.
E. Disclosures as Required
by Law. In compliance with the law, and if the federal, state, or local law
requests it we may use or disclose relevant protected health information.
For instance, in cases of suspected abuse, neglect, domestic violence or
certain physical injuries, or to respond to a subpoena, or order of a court
or administrative tribunal we may be required to disclose your health
information.
F. Disclosures for Public Health Activities. If a public
health agency authorized by law, such as the Food and Drug Administration,
requests it, we may disclose protected health information for public health
activities such as preventing or controlling disease, injury, or disability.
G. Disclosures to Coroners and Medical Examiners. For patients who have
died, in order to help coroners and medical examiners to carry out their
duties, we may be required to disclose health information.
H.
Disclosures Concerning Organ Donors. If you are an organ donor,
organizations such as procurement organizations, eye banks, and other
similar organizations may request us to disclose information concerning your
health or drugs we have prescribed.
I. Disclosures to Avert a Serious
Threat to Health. If we consider, in good faith, that the release of your
health information is necessary to prevent or minimize a threat to your,
public's or another individual's health or safety, we are permitted by law
and standards of ethical conduct to release the health information.
J. Disclosures for Health Oversight Activities. If a health oversight agency
for monitoring and oversight activities authorized by law requests it, we
may disclose your health information. For example we may release health
information to the state agency that licenses pharmacies for the purpose of
monitoring or inspecting pharmacies related to that license.
K.
Disclosures for Workers Compensation Purposes. We may release protected
health information about you if required to do so by laws governing the
workers compensation or other similar programs providing benefits for work
related injuries or illness.
L. Disclosures to Business Associates.
We may disclose protected health information to certain businesses assisting
us with our Health Care Operations. In this case, we will sign contracts
with them requiring that they keep protected health information private and
secure.
If you have any questions about this statement or the
practices of this site you can contact us at any time.
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