Please read this Agreement carefully and completely before using this Application or obtaining any services or goods provided through or in connection with JetRx. By downloading the JetRx app, or by using the Service (including any access to the Service), you expressly agree to be bound by this Agreement, by and between you and JetRx (“us” or “we”). The information and resources contained on and accessible through the Service are made available by JetRx and its suppliers and vendors, and other third parties, in each case subject to your agreement to the terms and conditions of this Agreement.
The laws of the State of Texas govern these Terms and any cause of action arising under or relating to your use of the Application, without reference to its choice-of- law principles. You agree that the only proper jurisdiction and venue for any dispute with JetRx, or in any way relating to your use of this Application, is in the state and federal courts in the State of Texas, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving JetRx or its employees, officers, directors, agents, and providers. If any provision of these Terms are determined to be invalid under any applicable statute or rule of law, such provision or clause is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.
Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this Application, you agree to inform us in writing and to give us thirty (30) days to cure the harm before initiating any action. You must initiate any cause of action within one (1) year after the claim has arisen, or you will be barred from pursuing any cause of action.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND JETRX OR ITS SUPPLIERS OR VENDORS, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT JETRX AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at https://www.adr.org/aaa/faces/rules/searchrules/rulesdetail?doc=ADRSTAGE2021424), as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, JetRx will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost- prohibitive. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
With the exception of any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this Dispute Resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply. If a court decides that any aspect of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this Dispute Resolution provision shall be null and void. The remainder of the Agreement will continue to apply and be unaffected by this severability provision.
13303 W Airport Blvd.
Sugar Land, TX 77478
ALL CONTENT ON THIS APPLICATION IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. JETRX, ALL THIRD PARTIES, IF ANY, PROVIDING SUPPORT FOR THIS APPLICATIOM, AND ALL THIRD PARTIES PROVIDING SUPPORT OR INFORMATION FOR THIS APPLICATION (COLLECTIVELY, "APPLICATION-RELATED- PARTIES") HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. THE APPLICATION-RELATED- PARTIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. JETRX MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS APPILCATION WILL BE UNINTERRUPTED OR ERROR-FREE.
Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.
YOU AGREE THAT NONE OF THE APPLICATION-RELATED- PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS APPLICATION OR THE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE APPLICATION-RELATED- PARTIES, INCLUDING ALL AFFILIATES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
THE TOTAL, CUMULATIVE, LIABILITY OF THE WEBSITE-RELATED- PARTIES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE APPLICATION-RELATED- PARTIES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEB SITE OR MATERIALS ARE EXCLUDED EVEN IF THE WEBSITE-RELATED- PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THIS SITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS APPLICATION OR THE CONTENT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
You hereby agree to indemnify, defend and hold the JetRx harmless from any liability, loss, claim, and expense (including reasonable attorneys’ fees) related to or arising out of your use of the content on the Service, or any Materials that you submit, post, or transmit through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another.
You agree to use the Service only for lawful purposes. You agree not to interrupt or attempt to interrupt the operation of the Service in any way. You are strictly prohibited from communicating on or through the Service (including in connection with any Materials) any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. We reserve the right to terminate or suspend your access to and use of the Service, or parts of the Service, without notice, if we believe, in our sole discretion, that it is in violation of any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third party partners, affiliates, sponsors, providers, licensors, or merchants.
You agree to provide true, accurate, current, and complete information in connection with the Service. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of the Service. Because any termination of your access to the Service may be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Service. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or the Service.
You agree and understand that certain orders may qualify for refills. Through use of the Application, and settings within the Application, you authorize JetRX to set up and schedule incremental deliveries and order fulfillments.
Portions of this Application may now or in the future be password-protected or otherwise secured. You agree to access only those portions of the Application to which you have been granted access. If JetRx issues a password or similar device or code in order to access restricted information, you agree to treat such password as confidential. You understand and agree that you are responsible for any actions taken through the use of the password assigned to you if you have provided access to your password to others. You agree to notify us immediately if you become aware of any unauthorized disclosure or use of your password or account.
You understand that your healthcare provider may send “e-scripts” to JetRx in order to fulfill certain orders. You understand and authorized JetRx to transfer that data to the JetRx Application for your use as a customer.
You represent and warrant that you are at least eighteen (18) years of age. For those individuals under eighteen (18) years of age, use of the Website should be limited to use only with the assistance and supervision of a parent or guardian.
This Agreement is effective until terminated by either party. If you no longer agree to be bound by this Agreement, you must cease your use of the Service. This Agreement will continue to apply and be binding upon you in respect of your prior use of the Service (and any unauthorized further use of the Service). Your use of the Service is at your sole risk. If you are dissatisfied with the Service, its content, or any of the terms, conditions, and policies of this Agreement, your sole and exclusive legal remedy is to discontinue using the Service. Any rights or licenses granted to JetRx under this Agreement will survive such termination.
If you breach any provision of this Agreement, then you may no longer use the Service. JetRx or its suppliers or vendors may at any time and for any reason, with or without cause, and in their sole discretion, immediately: (i) suspend or terminate (in whole or in part) your authorization to use the Service and any membership and account you may have; (ii) suspend or terminate and permanently delete and destroy any user ID and password; (iii) prohibit you from any future use of the Service; all without any prior notice or liability to you or any other person.
Your obligations under the following sections survive termination of this agreement: Important Note Regarding Content; This is A Legal Agreement; content; User Conduct; Restrictions on Use of this Website; Changes to Website or Application Content; NO WARRANTIES; LIMITATION OF LIABILITY; Governing Law and Statute of Limitations; Additional Terms. 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. You agree to defend, indemnify, and hold the Website and Application Parties and their subsidiaries, affiliates, officers, directors, employees, and agents, harmless from any claim, demand, or damage, including reasonable attorneys' fees, arising out of or related to your breach of this agreement or your use or misuse of the Content or Website. You may not transfer or assign any rights or obligations under this Agreement. JetRx may transfer or assign its rights and obligations under this Agreement.