1. Scope of These Terms and Conditions
As used in these Terms and Conditions, terms such as “we,” “us,” “our,” and “Company” refer to current and future affiliated entities of SPS Health. For a complete list of affiliated entities of SPS Health, please contact the Privacy Officer at https://spshealth.com/contact or by email at firstname.lastname@example.org. These Terms and Conditions are applicable to your access to and use of spshealth.com and all other websites and online applications operated by Company entities that link to or incorporate these Terms and Conditions (collectively the “Sites”). Please read these Terms and Conditions carefully. Your access to and use of the Sites and the information, materials, products, tools, and services available through the Sites are subject to these Terms and Conditions, regardless of whether you possess or do not possess an account through the Sites linked to your name and/or contact information (“Account”). By accessing or using the Sites, you acknowledge that you understand and agree to be bound by these Terms and Conditions. If you do not understand or agree to be bound by these Terms and Conditions, do not access or use the Sites.
2. Website Privacy Statement
3. Disclaimer of Content
The Sites provides information about our Company and the products and services offered by us.
Any clinical information contained within the Sites is intended for the use of health care professionals. Health care providers should exercise their own clinical judgment when using our content, tools, or databases.
While we attempt to keep all the information on the Sites up-to-date, the Sites should not be considered error-free or as a comprehensive source of all information on a particular topic. We make no warranties or representations as to the accuracy of the content of the Sites, and assume no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on the Sites. Your use of the Sites is subject to the additional disclaimers and caveats that may appear throughout these Terms and Conditions and the Sites. You assume the entire risk of loss in using the Sites and materials contained in the Sites.
Features and specifications of products or services described or depicted on the Sites are subject to change at any time without notice.
4. Copyright, Trademarks and other Intellectual Property
Copyright, trademark, patent, and other applicable laws protect the services and materials appearing on the Sites. Any unauthorized use of the words or images on the Sites may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
The Sites include material that is derived in whole or in part from materials that are copyrighted, including the format and layout of the Sites. The copyrights are owned by the Company, or for licensed content, the content providers.
The Sites are owned by the Company. None of the names, trademarks, service marks and logos of the Company appearing on the Sites may be used in any advertising or publicity, or otherwise to indicate the Company’s sponsorship of or affiliation with any product or service, without express written permission of the operators of the Company. Nothing contained on the Sites should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right of use to any trademark displayed on the Sites without the written permission of the owners and operators of the Company or the third-party owner of the trademark, if any. The Sites may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
5. Right to Change Terms and Conditions
We may, at any time and from time to time, change these Terms and Conditions, in whole or in part. You agree to review these Terms and Conditions periodically. Any changes to these Terms and Conditions will be effective immediately upon the posting of the modified Terms and Conditions to the Sites, and, if you possess an Account, by either providing notice of the changes to you when you log in to the Sites or by sending notice of the changes to contact information that you have provided to us. You agree to comply with, and be bound by, the modified Terms and Conditions either (i) by continuing to use or access the Sites after modified Terms and Conditions are posted to the Sites or (ii) if you possess an Account, by not requesting to terminate your Account within seven (7) calendar days after receiving a notice of the changes as described above.
6. Your Provision of Contact and Account Information to Us
When you provide information about yourself to us, including when you create an Account, you agree to: (a) provide accurate, current, and complete information about yourself, and not to provide information that attempts to impersonate another individual; and (b) maintain and promptly update such information to keep it accurate, current, and complete. If you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we retain the right to suspend or terminate any Account you establish and/or to refuse any or all current or future use of the Sites or any portion thereof.
7. Use of the Sites by Health Care Providers and Health Plans
If you are a health care provider or a health plan, you represent and warrant that when using the Sites, you will comply with all applicable laws and regulations, including the Health Insurance Portability and Accountability Act and its implementing regulations and other federal and state privacy and data security laws, and you will not provide any information, including protected health information, to us for which you do not have the required authorizations or consents.
8. User-Provided Information
You understand that all information, data, or other materials that you and other users of the Sites upload, transmit, or otherwise make available through the Sites, including information you share with or make available to other users of the Sites (“User-Provided Information”), are the sole responsibility of you or the person from whom such User-Provided Information originated. This means that you, and not us, are responsible for all User-Provided Information that you upload, transmit, or otherwise make available through the Sites. Under no circumstances will we be liable in any way for or related to any User-Provided Information, including, but not limited to, for any errors or omissions in any User-Provided Information, or for any loss or damage of any kind incurred as a result of the use of or reliance on any User-Provided Information uploaded, transmitted, or otherwise made available through the Sites.
By uploading, transmitting, or otherwise making available User-Provided Information through the Sites, you represent and warrant that all User-Provided Information that you upload, transmit, or otherwise make available: (i) is accurate; (ii) does not violate these Terms and Conditions; (iii) will not conflict with, result in a breach or violation of any terms or provisions of, or constitute a default under any contract or agreement to which you are currently bound or will become bound in the future; (iv) does not and will not violate any law, and (v) will not cause injury to any person or entity.
9. Company Discretion to Use User-Provided Information
10. Your Conduct
You agree to comply with all laws, rules, and regulations applicable to your use of the Sites. In addition, you agree not to:
- upload, transmit, or otherwise make available any User-Provided Information that is known by you to be inaccurate;
- upload, transmit, or otherwise make available any User-Provided Information that violates any law, statute, ordinance, or regulation;
- upload, transmit, or otherwise make available any User-Provided Information that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- upload, transmit, or otherwise make available any User-Provided Information that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- upload, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- take any action that interferes with the proper working of the Sites, compromises the security of the Sites, or otherwise damages the Sites or any materials and information available through the Sites;
- attempt to gain unauthorized access to any portion or feature of the Sites, to any other systems or networks connected to the Sites, to any of our servers, or to any of the services offered on or through the Sites, including but not limited to by hacking, password “mining”, or any other unauthorized means;
- probe, scan, or test the vulnerability of the Sites or any network connected to the Sites or bypass the authentication measures on the Sites or any network connected to the Sites;
- use any automated means to collect information or content from or otherwise access the Sites, including but not limited to through the use of technical tools known as robots, spiders, or scrapers, without our prior permission;
- harvest or otherwise collect and store information about other users of the Sites, including e-mail addresses;
- install any software, file, or code that is not authorized by the user of a computer or mobile device or that assumes control of all or any part of the processing performed by a computer or mobile device without the authorization of the user of the computer or mobile device; or
- interfere with or disrupt the operation of the Sites or server networks connected to the Sites, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites.
11. Third Party-Owned Content and Links to Third Party Owned-Websites or Online Applications
The Sites may contain third party-owned content (e.g., articles, data feeds, abstracts, etc.) and may also include hypertext links to third party-owned websites and online applications. We provide such third party-owned content and links as a courtesy to our users. We have no control over any third party-owned websites or online applications or third-party owned content referenced on, linked to from, accessed by, or available on the Sites and, therefore, we do not endorse, sponsor, recommend, or otherwise accept any responsibility for such third party-owned websites or online applications (or the availability of such websites or online applications) or third-party owned content. IN PARTICULAR, WE DO NOT ACCEPT ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT ANY THIRD PARTY-OWNED CONTENT (WHETHER PUBLISHED ON THE SITES, OR ANY OTHER WEBSITE OR ONLINE APPLICATION) INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ANY LIABILITY ARISING OUT OF ANY INFORMATION OR OPINION CONTAINED IN SUCH THIRD-PARTY OWNED CONTENT OR ON ANY THIRD PARTY-OWNED WEBSITE OR ONLINE APPLICATION LINKED TO FROM THE SITES.
12. Links to the Sites
You should not link to the Sites, nor use Company names, trademarks, logos, or otherwise refer to Company in any public communications without first obtaining our advance written consent. Requests to link to the Sites or use a Company name should be directed to our CEO.
13. Advertising and Sponsorships
We do not accept paid advertisements or sponsorships on the Sites.
14. Information, News, and Press Releases
The Sites may contain information about the Company, such as news and press releases. You acknowledge that we have no duty or obligation to maintain the accuracy of, or update any such information, and agree that your reliance on any such information is at your own risk.
15. Registration and Passwords
The Sites may permit or require you to register or obtain a password prior to permitting you to access certain portions of the Sites. You acknowledge and agree that you are responsible for maintaining the confidentiality of your login ID and password, and for all uses of your login ID, password, and/or Account. You agree to notify us immediately of any unauthorized use of your login ID, password, or Account, or any other breach of security involving access to the Sites through your Account. You acknowledge that you may be held liable for any loss or harm incurred by us or any other person or entity due to someone else using your login ID, password, or Account as a result of your failing to keep your Account information secure and confidential.
16. Operation of the Sites
We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice: (i) modify, suspend, or terminate operation of or your access to the Sites, or any portion of the Sites, including but not limited to for your violation of these Terms and Conditions; (ii) modify or change the Sites, or any portion of the Sites; and (iii) interrupt the regular operation of the Sites, or any portion of the Sites, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the Sites.
17. Disclaimer of Warranty; Limitation of Liability
THE SITES AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. COMPANY AND OUR SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE SITES AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE SITES IS AT YOUR OWN RISK. ACCESS TO THE SITES MAY BE INTERRUPTED AND THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY NOT BE ERROR-FREE. NONE OF COMPANY, OUR SUPPLIERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES OR THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES WARRANTS THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES ARE ACCURATE, RELIABLE, COMPLETE, USEFUL, OR CORRECT; THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
UNDER NO CIRCUMSTANCES SHALL COMPANY, OUR SUPPLIERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES OR THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE SITES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SITES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
You agree to indemnify, defend, and hold harmless Company and our suppliers, and their respective affiliates, subsidiaries, employees, officers, directors, agents, contractors, servants, insurers, and representatives from any liability, loss, claim, suit, damage, judgment and expense (including reasonable attorneys´ fees and expenses) that arise out of or are related to any User-Provided Information you submit, transmit, or make available through the Sites, your violation of these Terms and Conditions, your use or misuse of the Sites, or your violation of any third-party rights.
If any provision of these Terms and Conditions is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions shall remain in full force and effect. Any provision of these Terms and Conditions held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties further agree to replace such invalid or unenforceable provision of these Terms and Conditions with a valid and enforceable provision that will achieve, to the extent possible, the economic, business, and other purposes of such invalid or unenforceable provision.
20. Applicable Law
These Terms and Conditions and the resolution of any dispute related to these Terms and Conditions shall be construed in accordance with the laws of the State of Wisconsin. Any dispute between the Company and you related to these Terms and Conditions shall be resolved exclusively by the state and federal courts of the State of Wisconsin.
The Sites can be accessed from the United States and other countries worldwide. Since the laws of each State or country may differ, you agree that the statutes and laws of the State of Wisconsin, without regard to any principles of conflicts of law, will apply to all matters relating to your access to or use of the Sites.
We make no representation that material on the Sites is appropriate or available for use in other locations, and accessing this information from territories where the content is illegal is prohibited. Those who choose to access the Sites from other locations do so by their own initiative and are responsible for compliance with local laws.
These Terms and Conditions are effective unless and until modified as noted above, or terminated, at any time, by the Company.
22. Contact Information
Summit Pharmacy Solutions is headquartered in Milwaukee, Wisconsin, in the United States of America.
Summit Pharmacy Solutions
11270 W Park Place, Suite 625
Milwaukee WI 53224
Specific questions and comments should be directed to the appropriate department via our Contact Us page. While we make every effort to respond to all correspondence within 1 business week, we cannot guarantee a response to every electronic communication.
These Terms and Conditions were last updated on November 1, 2021.
©SPS Health 2021. All rights reserved.