Agreement between User and RxKeeper® App

​Last Updated April 1, 2022

Welcome to RxKeeper® App. The RxKeeper® App and associated hardware (the "App") is comprised of various App screens and containers with sensors operated by Status Alert LLC. RxKeeper® App is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of RxKeeper® App constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference. RxKeeper® App is a Medication Adherence App. The App allows users to improve their Medication Adherence.

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE, THE APP, OR THE SERVICE, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, PURCHASING A DEVICE, OR DOWNLOADING THE APP, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THE SITE, THE APP, OR THE SERVICE.

Privacy

Your use of the RxKeeper® App is subject to Status Alert LLC's Privacy Policy. Please review our Privacy Policy, which also governs the App and informs users of our data collection practices.

 

Electronic Communications

Visiting RxKeeper® App or sending emails to Status Alert LLC constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the App, satisfy any legal requirement that such communications be in writing. By agreeing to the terms and conditions in this Agreement and providing your contact information to Status Alert LLC, you give your express consent to allow Status Alert LLC, its affiliates, and agents to contact you from time to time at any mailing address, phone number, or email address you provide to Status Alert LLC.

 

 

 

Your Account

If you use this App, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Status Alert LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Status Alert LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Children Under Thirteen

Status Alert LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use RxKeeper® App only with the permission of a parent or guardian. WARNING: KEEP OUT OF THE REACH OF CHILDREN. Put Your Medicines Up and Away and Out of Sight. Put RxKeeper container and medicines up and away and out of children’s reach and sight.

 

Cancellation/Refund Policy

You may return your product at any time within 30 days of purchase. Any cancellations made after 30 days of use will not qualify for a refund. Please contact us at our customer service email info@RxKeeper.com with any questions.

 

Subscriptions

Paid Services include the Services, which may be one-time purchases or automatically renewing subscription services (“Paid Services”), including our Site and Mobile App (“Subscriptions”). We may make changes to, suspend, or discontinue Paid Services at any time for any reason, and Status Alet LLC reserves the sole discretion to determine which Services or portions thereof require payment. Certain Paid Services like the Pro Edition are subscription-based purchases, to which the following terms apply:

Your Subscription term may vary as a continuous, monthly, or annual term (“Subscription Term(s)”), as described in the course of purchasing the Paid Services. Your subscription will auto-renew for additional Subscription Terms until your Subscription is canceled by you, or suspended or terminated by Status Alert LLC. Unless otherwise indicated by us, your designated payment method will be charged prior to, or at the beginning of, each Subscription Term for the Subscription fee plus any applicable taxes and other charges. You may cancel your subscription at any time. Your cancellation will take effect at the end of the current Subscription Term. To cancel your subscription and automatic payment, click on the “Cancel Pro Edition Subscription” button on your App screen. Cancellation does not entitle you to the refund of any previously paid fees and you will not receive a prorated refund for the remainder of the Subscription Term. In the event, you cancel your Subscription, note that we may still send you promotional communications unless you opt-out of receiving those communications by following the unsubscribe instructions provided in the communications.

When you cancel a Subscription, you cancel only future charges for your Subscription. You will not receive a refund for the current Subscription Term you paid for, but you will continue to have full access to that Subscription until the end of that current Subscription Term. At any time for any reason, we may provide a refund, discount, or other consideration to some or all of our users. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future.

Status Alert LLC reserves the right to adjust the Fees for our Paid Services, or any features or parts of our Paid Services, at any time. You acknowledge that Status Alert LLC may change the Fees for Paid Services at any time. In the event of such a change, Status Alert LLC will provide notice to you via the email address associated with your account at least thirty (30) days in advance of the effective date of the change. Your continued use of the Services indicates your acceptance of any changes to the Fees. You are solely responsible for all applicable taxes, and will be charged for taxes when required by law.

 

Links to Third-Party Apps/Third Party Services

RxKeeper® App may contain links to other Apps ("Linked Apps"). The Linked Apps are not under the control of Status Alert LLC, and Status Alert LLC is not responsible for the contents of any Linked App, including without limitation any link contained in a Linked App, or any changes or updates to a Linked App. Status Alert LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Status Alert LLC of the App or any association with its operators. Certain services made available via RxKeeper® App are delivered by third party Apps and organizations. By using any product, service, or functionality originating from the RxKeeper® App domain, you hereby acknowledge and consent that Status Alert LLC may share such information and data with any third party with whom Status Alert LLC has a contractual relationship to provide the requested product, service or functionality on behalf of RxKeeper® App users and customers.

 

 

 

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use RxKeeper®. App strictly in accordance with these terms of use. As a condition of your use of the App, you warrant to Status Alert LLC that you will not use the App for any purpose that is unlawful or prohibited by these Terms. You may not use the App in any manner which could damage, disable, overburden, or impair the App or interfere with any other party's use and enjoyment of the App. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the App. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the App, is the property of Status Alert LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the App. Status Alert LLC content is not for resale. Your use of the App does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Status Alert LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Status Alert LLC or our licensors except as expressly authorized by these Terms.

 

International Users

The Service is controlled, operated, and administered by Status Alert LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Status Alert LLC Content accessed through RxKeeper® App in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless Status Alert LLC, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the App or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. 

Status Alert LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Status Alert LLC in asserting any available defenses. Neither Status Alert Inc. nor any other party involved in the manufacture of this product shall be liable for any special, consequential, or exemplary damages resulting in whole or part from any user’s use of or reliance upon this product. 

The RxKeeper® application is intended as a backup medication management system that can be customized for each user. It is not the primary tool for determining whether and when to take medication. You must consult with healthcare providers and make your medical decisions based on their advice. This Application provides technology solutions to remind users of medication adherence regimens. It is not to replace the professional medical counsel or its intent to replace other tracking tools. This application may not guarantee the on-time administration of medication or supplements. The user is responsible for consulting professional medical advisors. We do not accept any liability concerning any activities that you may undertake through using the RxKeeper® App services.

Arbitration

In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Status Alert LLC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS STATUS ALERT LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY US AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS OF USE OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THESE TERMS OF USE HAS OCCURRED.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. STATUS ALERT LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE APP AT ANY TIME. STATUS ALERT LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE APP FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.

STATUS ALERT LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STATUS ALERT LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APP, WITH THE DELAY OR INABILITY TO USE THE APP OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF STATUS ALERT LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP.

THE SERVICES ARE PROVIDED TO YOU “AS IS WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND STATUS ALERT LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WHETHER EXPRESS OR IMPLIED AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. STATUS ALERT LLC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THE AVAILABILITY OF CONTENT, THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL FUNCTION WITH OTHER MOBILE APPS OR HARDWARE, OR WITHIN A SYSTEM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY STATUS ALERT LLC OR AN STATUS ALERT LLC AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION MAY NOT APPLY.

NOTWITHSTANDING THE FOREGOING, STATUS ALERT LLC WARRANTS TO THE ORIGINAL END USER PURCHASER THAT THE PRODUCT IS FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR ONE (1) YEAR FROM THE DATE OF PURCHASE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED OR LIMITED AS SET FORTH ABOVE, IN NO EVENT SHALL STATUS ALERT LLC BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, IN EXCESS OF $100.

Status Alert LLC does not provide any medical advice or any medical services.  The services are not a replacement or substitute for the guidance of healthcare professionals.  The services are not intended to be, and must not be taken to be, the practice of medicine, nursing, pharmacy, or other healthcare advice by Status Alert LLC. No claims, representations or warranties, whether expressed or implied, are made by both our companies as to the safety, reliability, durability and performance of any of our companies' products. Furthermore, our company accepts no liability whatsoever for the safety, reliability, durability and performance of any of our companies' products.  In no event shall our company be liable for any direct, indirect, punitive, incidental, special consequential damages, to property or life, whatsoever arising out of or connected with the use or misuse of our products.

You understand and agree that the health information and other content appearing on the services or the App is for informational purposes only. IF YOU RELY ON ANY CONTENT FOUND ON THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK.   THE SERVICES ARE NOT A MEDICAL DEVICE AND YOU EXPRESSLY AGREE THAT THE SERVICES DO NOT INVOLVE THE PROVISION OF MEDICAL ADVICE BY STATUS ALERT LLC. THE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND CANNOT REPLACE THE SERVICES OF PHYSICIANS OR MEDICAL PROFESSIONALS. The services are not meant to diagnose or treat any conditions, and the information provided through the services is not intended to advocate the use of one treatment or drug over another – only your medical professional can determine the right course of treatment for you and determine what is safe, appropriate and effective based on your needs.

YOUR USE OF THE SERVICES IS NOT A SUBSTITUTE FOR HEALTHCARE. NO DOCTOR-PATIENT OR PROVIDER-PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES OR CONTENT. THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM Status Alert LLC. Status Alert LLC will not be liable for any injury resulting or arising from, or related to, the use of the services (even if unauthorized) whatsoever.  

Termination/Access Restriction

Status Alert LLC reserves the right, in its sole discretion, to terminate your access to the App and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia and you hereby consent to the exclusive jurisdiction and venue of courts in Georgia in all disputes arising out of or relating to the use of the App. Use of the App is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Status Alert LLC as a result of this agreement or use of the App. Status Alert LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Status Alert LLC's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the App or information provided to or gathered by Status Alert LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Status Alert LLC with respect to the App and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Status Alert LLC with respect to the App. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Status Alert LLC reserves the right, in its sole discretion, to change the Terms under which RxKeeper® App is offered. The most current version of the Terms will supersede all previous versions. Status Alert LLC encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Information

Please contact Status Alert LLC (info@RxKeeper.com)

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