Terms of Use

These Terms and Conditions of Use (“Agreement") is a legal agreement between you and Burgess Information Systems, Inc. (hereinafter referred to as "MC-Rx").  By registering for any service provided on MC-Rx's Website (the “Services”), you become a client ("Client") and you agree to be bound by all of the terms (the "Terms") set forth in this Agreement as long as you remain a Client.  If you do not agree to the terms, please do not register for any MC-Rx Website service. MC-Rx Website reserves the right, with or without notice, to make changes to the terms at Website Owner’s discretion.  Your continued use of any part of this Website or any Service constitutes your acceptance of such changes to this agreement. You should review this agreement periodically to determine if any changes have been made.

If at any point you no longer agree to the Terms of Use, please discontinue use of the Services. We may deny the Services to you at any time, including in the event you do not comply with the Terms of Use. 

MC-Rx Services. MC-Rx is not a prescriber of prescription drugs or a medical practice. All drug coverage rules, copays, prior authorization requirements, step therapy, and formulary requirements are decided by your Health Plan. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from MC-Rx Website or Website Owner. MC-Rx Website and Website Owner do not guarantee the accuracy or completeness of any of the information provided and are not responsible for any loss resulting from your reliance on such information.

All of the content and information in the Services are made available only for your lawful, personal use and not for commercial use. Use of the Services is limited to the purposes for which the Services are intended by MC-Rx, and all unauthorized use is prohibited. 

You may only possess one User Account.  In order to use the Services, you must create an account (“User Account”) and become a “Registered User.” You agree to provide truthful, accurate, current, and complete information during the registration process and to update your information promptly, as needed, to keep it accurate, current, and complete.  If you forget your password, you can request to have a new password sent to your registered email address.  All conduct associated with your User Account will be attributed to you unless you notify MC-Rx that your User Account has been compromised.

Internet connectivity is required for access to and use of the Services. You are solely responsible for any costs you incur to access the Services through any Internet, wireless, or other communication service, such as any fees for web browsing, messaging, and data usage on an Internet provider’s or wireless carrier’s network. Check with your carrier to determine any fees that may apply.

You agree that by using our Services you are receiving a limited license to access, download, and use the Services in compliance with these Terms of Use and applicable laws. We may revoke our license to you at any time for any reason without notice or explanation.

At times, the Services may allow you to connect to or to communicate with other apps, websites, or services owned, operated, or controlled by third-parties. We are not responsible for the content of Third-Party Services, nor do we make any warranties or representations with respect to the content, accuracy, opinions, warranties, products or services, or links of such Third-Party Services.

The MC-Rx name and logo, as well as all the content included on the site, are the EXCLUSIVE property of Burgess Information Systems, Inc. or any affiliate or subsidiary thereto, any of which shall have enforcement rights hereunder or its licensors (or is a nominative use of trademark) and are protected by United States and international (Puerto Rico) copyright, trademark, or other intellectual property laws. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Services, including content licensed to us by third parties, without receiving our prior written permission.

MC-Rx receives data and information from many independent sources, including your health plan, drug manufacturers, and government agencies. MC-Rx cannot, and does not, independently review, verify, test, or substantiate the content of such data or information for accuracy, timeliness, or completeness and disclaims all responsibility for any omissions or errors in such data and information and for any adverse consequences resulting therefrom. In addition, this data and information may not necessarily cover all possible uses, diagnoses, treatment options, directions, precautions, drug interactions, dosage limitations, local practices, or adverse effects applicable to a particular health condition, drug or treatment, or a particular user. This data and information is not intended, and you agree not to rely on it as a substitute for the knowledge, expertise, skill, verbal counseling, physical demonstration of an administration technique, or judgment of pharmacists, physicians, or other healthcare professionals in patient care.

In light of the foregoing, the Services and their data and information are furnished by MC-Rx “As Is” and MC-Rx, its affiliates, and its licensors make no representations or warranties with respect to the Services or their data and information or any Services hereunder and disclaim all implied representations and warranties of any kind or nature arising out of or related thereto, including, but not limited to, any representations and warranties (I) regarding comprehensiveness, suitability, availability, compatibility, merchantability, fitness for a particular purpose, title, and non-infringement of the services (irrespective of any course of dealing, custom, or usage of trade) or any warranty that the data and information satisfies government regulations. No MC-Rx employee, consultant, representative, or agent is authorized to make any statement that adds to or amends the warranties or limitations contained herein.

You agree that you are releasing MC-Rx from any liability arising from these Terms of Use or your use of the Services. Neither MC-Rx, Burgess Information Systems, Inc., Website Owner, nor any of our affiliates, directors, officers, employees, or consultants are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive, or other damages under any contract, negligence, strict liability, or other theory arising out of or relating in any way to the Services and/or materials contained thereon, any linked site or any content available through such linked site. We assume no obligation and have no liability arising out of or directly or indirectly related to any service interruptions or site malfunctions; the conduct or content of any site user; computer viruses or other harmful components; loss or corruption of data; damage to your computer, mobile device, or network; malicious acts of third parties; force majeure events; business interruption or downtime; loss of business, profits, or goodwill; illegal or improper use by someone to whom you have given permission to use your user account or whom you have negligently allowed to access your user account, or any other actionable conduct towards you; or actions taken or not taken in connection with investigations, demands, or claims by us, intellectual property owners, law enforcement, governmental authorities, or third parties. The limitations on liability in this section shall apply to the fullest extent permissible under applicable law, regardless of the number of incidents or claims, and regardless of the nature of the damage, loss, claim, or cause of action.

Your sole remedy for dissatisfaction with the site, content, Services, or any linked site is to stop your use of it.  To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages permitted under the law.

If your jurisdiction has provisions specific to waiver of liability that conflict with the above liability limitations, then our liability is limited to the smallest extent possible by law.

This Agreement or any dispute arising from this Agreement is governed by the laws of Florida, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the United States District Court for the Southern District of Florida, and you hereby consent to the jurisdiction of any such court. Client further agrees, to the extent permitted by applicable law, to waive any right to trial by jury with respect to any claim, counterclaim, or action arising from the terms of this agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the site, any Service provided by the site, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

If you are a resident of California, you specifically waive the applicability of California Civil Code Section 1542, which states, “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You hereby waive any similar provision in any other law, regulation, or code that has the same intent or effect as the above release.

You agree to indemnify and hold harmless MC-Rx and any of our Affiliates, employees, officers, directors, agents, successors, and assigns for any claims by you or any third party, which may arise from or be related to these Terms of Use or the provision of our Services to you or the permitted use by others of your license and User Account. You also agree that you have a duty to defend us against such claims, and we may require you to pay for attorneys of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim as described in this section, we may elect to settle with the party or parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial or other formal resolution of the dispute.

Assignment. You may not assign your rights or obligations under these Terms of Use to any other party without our prior written consent, and any unauthorized assignment and delegation by you is void and completely ineffective.

Severability. If any provision of these Terms of Use is found to be unlawful, conflicting with another provision of these Terms of Use, or otherwise unenforceable, these Terms of Use will remain in effect as though they had been entered into without the unenforceable provision. If two or more provisions are deemed to conflict with each other’s operation, we have the sole right to elect which provision remains in effect.

We reserve all rights afforded to us under these Terms of Use as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms of Use or any applicable law may not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

Pursuant to California Civil Code Section 1789.3. For California Users and residents, any questions about pricing, complaints, or inquiries about MC-Rx must be addressed to legal@procarerx.com.  California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

You certify that you are at least 18 years of age and that your answers to the registration materials on MC-Rx’s Website will be truthful. Your name, address, and email address are kept confidential.

This Agreement constitutes the entire agreement among the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and MC-Rx Website and Website Owner with respect to the MC-Rx Website and any service it provides.  Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use MC-Rx Website or any of its services.   Your continued use of MC-Rx Website after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement.