Terms and Conditions

COPYRIGHT AND TRADEMARK INFORMATION
Copyright ©2004 VastRX.com. All rights reserved. Our content providers or we own all of the content on our web site, including text, customized graphics, photographs, music, data, images, audio and video clips and software. U.S. and international copyright laws protect this property. In addition, worldwide copyright laws and treaty provisions protect the manner in which we have compiled, arranged and assembled our content. Hypertext linking to this web site without the prior written permission of VastRX.com is strictly prohibited. Inquiries to obtain permission for such linking should be addressed to Webmaster@VastRX.com, Subject Line: Law Department.
You may use the content on our web site only for your own personal, non-commercial shopping and information purposes. Copying, publishing, broadcasting, modification, distribution, and transmission in any way without the prior written consent of VastRX.com is strictly prohibited. VastRX.com reserves title and full intellectual property rights for materials downloaded or otherwise received from this web site. We hereby grant you permission to download, print and store selected portions of our content (as defined below). However the copies must be for your own personal and non-commercial use, you cannot copy or post the content on any network computer or broadcast it in any media, and you cannot alter or modify the content in any manner. You also may not delete or change any copyright or trademark notices.

VastRX.com,
VastRX.com, as well as other names, button icons, text, graphics, logos, images, designs, titles, words or phrases, audio clips, page headers and service names used on this web site are the trademarks, service marks, trade names or other protected intellectual property of VastRX.com. They may not be used in connection with any third party products or services. All other brands and names are the property of their owners.

WARRANTY DISCLAIMER
WE PROVIDE CONTENT ON THIS WEB SITE AS A SERVICE TO YOU, OUR CUSTOMER. OUR WEB SITE CANNOT, AND DOES NOT, CONTAIN INFORMATION ABOUT ALL MEDICAL CONDITIONS. THE CONTENT OF THIS WEB SITE, THE SERVER THAT MAKES IT AVAILABLE, AND THE SERVICES AND PRODUCTS WE PROVIDE ON OUR WEB SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. VastRX.com EXPRESSLY DISCLAIMS LIABILITY FOR TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED OR DELAYED COMPUTER TRANSMISSIONS, AND/OR TECHNICAL INACCURACIES, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES.
TO THE FULL EXTENT NOT PRECLUDED BY APPLICABLE LAW, VastRX.com, THEIR MEDICAL ADVISORS, SUPPLIERS, CONSULTANTS, DIRECTORS AND EMPLOYEES (COLLECTIVELY THROUGHOUT, "VastRX.com") DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL SERVICES, INFORMATION AND/OR PRODUCTS CONTAINED ON THIS WEB SITE, OR LINKED HERETO (COLLECTIVELY THROUGHOUT, "CONTENT"), EXPRESS, IMPLIED OR STATUTORY. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VastRX.com DOES NOT WARRANT CONTENT TO BE ACCURATE, COMPLETE OR CURRENT. VastRX.com DOES NOT WARRANT THAT ITS WEB SITE WILL OPERATE WITHOUT ERROR, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER MAKING IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRICE AND AVAILABILITY CONTENT, AS WELL AS OTHER CONTENT CONTAINED IN THE WEB SITE OR ACCESSIBLE THEREFROM, IS SUBJECT TO CHANGE WITHOUT NOTICE.
THE VastRX.com WEB SITE INCLUDES CONTENT PROVIDED BY THIRD PARTIES. VastRX.com IS A DISTRIBUTOR OF SUCH CONTENT AND NOT ITS PUBLISHER. VastRX.com EDITORIAL CONTROL OF SUCH CONTENT IS THE SAME AS THAT OF A PUBLIC LIBRARY OR NEWSSTAND. OUR THIRD PARTY SUPPLIERS MAY EXPRESS CERTAIN OPINIONS OR PROVIDE CERTAIN INFORMATION AND OFFERS. VastRX.com MAKES NO WARRANTIES AS TO THE COMPLETENESS, ACCURACY, TIMELINESS, OR RELIABILITY OF INFORMATION OR OFFERS SUPPLIED BY THIRD PARTIES AND PUBLISHED BY VastRX.com. VastRX.com DOES NOT GUARANTEE OR WARRANT THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY'S CONFORMANCE TO ANY LAW, RULE, REGULATION OR POLICY.
VastRX.com DOES NOT WARRANT THAT INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS WEB SITE WILL SATISFY YOUR REQUIREMENTS OR THAT THEY ARE ERROR OR DEFECT-FREE. BEFORE USING ANY PRODUCT, YOU SHOULD CONFIRM ANY INFORMATION OF IMPORTANCE TO YOU ON THE PRODUCT PACKAGING. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS AND LEGALITY OF ANY INFORMATION YOU SUPPLY VastRX.com. THIS WEB SITE IS OPERATED IN THE STATE OF DELAWARE, UNITED STATES OF AMERICA AND VastRX.com MAKES NO WARRANTY OR REPRESENTATION THAT CONTENT IS APPLICABLE OR APPROPRIATE FOR USE IN OTHER LOCATIONS.
BY YOUR USE OF THIS WEB SITE, YOU ACKNOWLEDGE THAT SUCH USE IS AT YOUR SOLE RISK, INCLUDING RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH THIS WEB SITE.
AS PARTIAL CONSIDERATION FOR YOUR ACCESS TO OUR WEB SITE AND USE OF ITS CONTENT, YOU AGREE THAT VastRX.com IS NOT LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR DECISIONS YOU MAY MAKE OR YOUR ACTIONS OR NONACTIONS IN RELIANCE UPON THE CONTENT. YOU ALSO AGREE THAT THE AGGREGATE LIABILITY OF VastRX.com ARISING FROM OR RELATED TO YOUR USE AND ACCESS, REGARDLESS OF THE FORM OF ACTION OR CLAIM (FOR EXAMPLE, CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD, OR OTHER BASES FOR CLAIMS), IS LIMITED TO THE PURCHASE PRICE OF ANY ITEMS YOU PURCHASED FROM VastRX.com IN THE APPLICABLE TRANSACTION. VastRX.com SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF VastRX.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND. IF YOU ARE DISSATISFIED WITH OUR WEB SITE OR ITS CONTENT (INCLUDING TERMS OF USE), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION MAY NOT BE APPLICABLE TO YOU.

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to choice of law rules. Any litigation arising out of or in connection with the use of this web site shall be exclusively in state or federal courts located in Kent County, Delaware.
If any part of this Agreement is ruled to be unenforceable, then such part shall be eliminated or limited to the minimum extent necessary. The remainder of the Agreement, including any revised portion, shall remain and be in full force and effect. These terms of use are the entire agreement between us governing your use of our web site.

Patient Responsibility and Waiver and Consent

By submitting this consultation form, I affirm as if under oath and state truthfully that:

I am a competent adult at least 18 years of age.

I am permitted by law in my locale to receive the medication(s) I am requesting for my personal medical and therapeutic purposes.

I, the patient, have had a recent satisfactory and sufficient physical examination and medical history evaluation by a local physician who is available and whom I agree to contact for any necessary local follow-up care and intervention, in case I have any difficulties, possible complications, or questions. I know also that I may contact the prescribing physician and the dispensing pharmacy, and I will keep those telephone numbers available.

I have been fully informed by appropriately trained health care personnel and understand the risks, benefits, and possible side effects of the prescription medication(s) I may request. I have studied written or internet materials on possible side effects of the prescription medication(s) I may request. I have studied written or internet materials on these drugs including the websites and links that offer in-depth material.

I also affirm that I have previously safely used the medication(s) I may request, under a physician's supervision, or I have been advised by my examining physician that the use of the medication(s) is not contraindicated for me and is appropriate for my personal therapeutic and medical needs.

I affirm that I have answered and will answer all questions truthfully, for my safety, just as I would in my local physician's office and under that physician's care. I have fully and completely disclosed any and all information concerning my health and medical history that may possibly be relevant to my request for this medication.

I am requesting the prescription medication(s) solely for my own personal therapeutic and medical needs, and will not distribute any of the medication to others.

I am requesting that a U.S. licensed prescriber act only in an adjunct capacity to my local physician, and not replace my local physician, when reviewing my request. I further request the prescriber to authorize the prescription medication(s) for dispensing by the e-clinic's associated licensed pharmacy.

I affirm that I am seeking the prescription(s) for a necessary supply of medication, not to stockpile medication beyond an already adequate supply on hand.

I will promptly contact my local physician for any necessary medical intervention should a complication or concern result related to the use of a requested medication.

I agree not to take any over-the-counter medicines without approval from my pharmacist who is informed of my use of this and all medications.

I agree to monitor my blood pressure at least once every 10 days. If my blood pressure is over 140/90 (either the top number is greater than 140 or the bottom number is greater than 90), I agree to stop taking this medication immediately and will contact my local physician.

I am allowed by law to use the credit card that will be used if my request is approved and processed.

I realize there are risks as well as benefits to any medication, even over-the-counter medicines. I have been fully informed of the effects, risks, and benefits of this medication. I agree that I have been previously and recently examined sufficiently as to physical and medical condition, and I have been provided sufficient information and adequately understand, the same as or more than, if this consultation had taken place with my local physician in a physical office setting.

I understand, accept, and agree to each of the following statements:

I understand that use of this website is completely voluntary and initiated by me. I attest that I am accessing this site because I am seeking treatment for an identifiable medical or cosmetic condition. I understand that all prescription medications purchased cannot be returned or refunded.

I am aware that the physician reviewing my Medical History questionnaire will not have the opportunity to conduct an in-person physical examination (referred to as the "Prescribing Physician" throughout the remainder of this Agreement). I attest that I have undergone a comprehensive, in-person physician-conducted physical examination by my primary care provider within the last twelve months and will provide my Prescribing Physician with a copy of my medical records related to this examination upon request. Furthermore, I will report the results of this examination along with any other significant aspects of my past or present health history or current health status including a list of all prescription and over-the-counter medication I take once a week or more often on the Medical History questionnaire I submitted to this website. I also acknowledge that there is a blank field at the body of the Medical History questionnaire that allows me to note any additional information about me that the Prescribing Physician should know. I understand that the Prescribing Physician will determine whether it is medically appropriate for me to receive the medication I have requested based on the information I provide in the Medical History questionnaire, and, therefore, I have an absolute obligation to answer that Medical History questionnaire completely and in a truthful manner for my safety. I agree to provide the Prescribing Physician with any additional information he or she requests beyond that which I supplied as part of my Medical History questionnaire. I also understand that if I fail to answer the Medical History questionnaire honestly, accurately, and completely, my inaccurate answers could cause the Prescribing Physician to unknowingly make an inappropriate treatment decision that could affect my physical or mental health.

I understand that my Medical History questionnaire will be reviewed by a Prescribing Physician who is located and is licensed to practice medicine in the United States. I am aware, however, that the Prescribing Physician reviewing my Medical History questionnaire and prescribing any medication may NOT be located or licensed to practice medicine in the state where I am located at the time I submit my Medical History questionnaire to this website. I agree that all medical decisions made by the Prescribing Physician regarding whether any drug treatment is medically appropriate for me will be deemed to have occurred in the state where the physician is physically located, and not the state where I am located, should they be different. I attest I am under the care of a primary care physician and I do not consider the Prescribing Physician to be my primary care physician. I will not rely on or substitute the advice given by the Prescribing Physician should it contradict with the advice given to me by my primary care physician.

In the event the Prescribing Physician determines the medication I requested is medically appropriate for me, I agree to notify my primary care physician that I intend to begin taking such medication. I recognize it is my responsibility to seek regular physical examinations, including any suggested laboratory tests, to ensure that I do not have a condition which will make my taking any medication prescribed by the Prescribing Physician inappropriate or dangerous. I am aware that there exists potential side effects associated with taking any medication. By requesting this on-line evaluation, I personally accept all risks involved in taking any medication that may be prescribed by the Prescribing Physician and I will not seek any indemnification, any damages of any kind, or any other liability from VastRX.com, its parent company, subsidiaries, affiliates, contractors, or partners, or the Prescribing Physicians if I experience any of the side effects. I understand that neither VastRX.com nor the Prescribing Physician makes any guarantee that the prescription medicines I am requesting will provide the results I seek.

I hereby release VastRX.com from any and all claims related to allegations that the Prescribing Physician acted unprofessionally or below the standard of reasonable medical care solely because he/she did not perform an in-person physical examination on me. I understand that, for purposes of determining whether it is medically appropriate for me to receive the requested medication(s), the Prescribing Physician will form his or her medical opinion based on review of the information I provide in my Medical History questionnaire.

I acknowledge that this website does not practice medicine. I understand that VastRX.com only offers an on-line forum that allows me to request a physician evaluation regarding a particular health condition based on the information I provide on my Medical Health questionnaire. I further understand that this website provides certain management and administrative services to the Prescribing Physicians such as, but not limited to, storage and maintenance of medical records, marketing services, and contracting with the web site hosting company.

I understand that the Prescribing Physicians are not employees of VastRX.com, rather they are independent contractors to whom VastRX.com forwards my information for review and response. Neither VastRX.com, nor any of its affiliates, directs, controls or influences the treatment decisions made by the Prescribing Physician with respect to my care and/or my request for certain medication(s). Accordingly, I agree not to hold VastRX.com liable for any negligent act or omission of the Prescribing Physician;

I understand that my medical record is the property of the Prescribing Physician, but is stored and maintained by VastRX.com pursuant their written privacy policy which I have reviewed. I understand that because VastRX.com forwards the information I submit to this website to a Prescribing Physician, it has access to all my personal information including my health information, and has a right to retain and use any and all portions of my medical record in accordance with the VastRX.com Privacy Policy posted on this website. I understand that I have a right to access the personal information VastRX.com has collected about me through this website and correct any inaccuracies. I also understand that I may request a written copy of my medical record and that I will be charged a reasonable administrative fee for copying and mailing such records.

In accordance with the United States Arbitration Act, I agree that any dispute arising out of or related to the provision of services by VastRX.com, its affiliates, or their respective employees, partners and agents, as well as any dispute arising out of or related to the provision of services by the Prescribing Physician shall be subject to final and binding arbitration exclusively through the procedures of the American Arbitration Association. I agree that any arbitration, administrative proceeding, or other dispute resolution proceeding in which VastRX.com, is a party pertaining in any way to this site will be held in the County of Kent, State of Delaware, and in no other forum in any other place. This Consent and Waiver expressly includes knowing consent to transfer the venue of any dispute of any kind to the above county and state for resolution. Likewise, I agree that any dispute with the Prescribing Physician and which does not involve VastRX.com, that involves arbitration, an administrative proceeding, or other dispute resolution proceeding shall be held in the county in which the Prescribing Physician has his/her primary place of business.

This document also serves as my informed consent to allow VastRX.com access to any of my medical information, including all medical data contained in the "Medical History" questionnaire including, but not limited to, any health information regarding HIV, mental health, alcohol, drug or substance abuse conditions or treatments ("Medical Information"). I hereby authorize my primary care physician to release or disclose to my Prescribing Physician any and all Medical Information that the Prescribing Physician deems necessary to form his/her medical opinion. I can revoke this authorization at any time by providing written notices to the website. I understand that a revocation of authorization for my primary care physician to disclose my Medical Information will not apply to Medical Information already in the possession of VastRX.com or the Prescribing Physician.

ALL INFORMATION , PRODUCTS, AND SERVICES PROVIDED ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. BY MY USE OF THIS WEB SITE, I ACKNOWLEDGE THAT SUCH USE IS AT MY SOLE RISK. I ALSO AGREE THAT THE AGGREGATE LIABILITY OF VastRX.com ARISING FROM OR RELATED TO MY USE AND ACCESS, REGARDLESS OF THE FORM OF ACTION OR CLAIM (FOR EXAMPLE, CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD, OR OTHER BASES FOR CLAIMS), IS LIMITED TO THE PURCHASE PRICE OF ANY ITEMS YOU PURCHASED FROM VastRX.com IN THE APPLICABLE TRANSACTION. VastRX.com SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF VastRX.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND. IF YOU ARE DISSATISFIED WITH OUR WEB SITE OR ITS CONTENT (INCLUDING TERMS OF USE), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEB SITE. I UNDERSTAND AND AGREE THE VastRX.com IS NOT RESPONSIBLE FOR THE INTENTIONAL OR NEGLIGENT ACTS OR OMISSIONS OF ANY HEALTH CARE PROVIDER, SUCH AS THE PRESCRIBING PHYSICIAN OR PHARMACY, TO WHICH VastRX.com MAY CONNECT ME.