Please read these Terms of Service (the “Terms”) fully and carefully before using the PrEP2Me website and the services, features, content or applications offered by PrEP2Me as provided by Central Outreach Wellness Center (“COWC”), including but not limited to telemedicine appointments and PrEP medication prescription services (collectively, including all website contents, the “Services”) as limited by the COWC Prep2Me informed consent form. These Terms set forth the legally binding terms and conditions for your use of the PrEP2Me website and the Services provided. You understand and accept that only Pennsylvania and Ohio residents can utilize the Services.
BY USING OR OTHERWISE ACCESSING THE SERVICES YOU AGREE TO THESE TERMS. AS FURTHER DESCRIBED BELOW, YOU ALSO AGREE TO RESOLVE ANY DISPUTE THAT YOU MAY HAVE WITH US WITH RESPECT TO THE SERVICES IN THE COMMONWEALTH OF PENNSYLVANIA AS SET FORTH HEREIN, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU CANNOT USE THE SERVICES.
We reserve the right to change the Terms at any time, but if we make any material changes, we will bring it to your attention by placing a notice on the Services, by sending you an email, and/or by some other means. If you do not agree with the new Terms, you are free to reject them, but you may no longer be able to use some or all of the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
You promise that any information about yourself, including your own name, personal identifiers, and any medical information are accurate and for you and no other person. You will only use the Services for your own internal, personal, non-commercial use, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content, without the prior written consent of COWC.
You understand that COWC owns the Services. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove or make any changes to any Content from the Services at any time, for any reason, in our sole discretion, and without notice. You are free to stop using the Services at any time.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, LICENSORS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Choice of Law/Venue
These Terms are governed by and will be construed under the laws of the Commonwealth of Pennsylvania, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in state and/or federal courts located in Allegheny County, Pennsylvania. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue as set forth above.
Miscellaneous
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. COWC’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. The course of conduct between you and COWC shall not act to modify any provision of these Terms. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise). COWC may assign its rights and duties hereunder to any third party at any time without notice to you. Access to this website is for informational purposes only, does not form a doctor-patient relationship, and is not a substitute for medical advice. Any such doctor-patient relationship or medical advice will arise only upon use of COWC’s telemedicine in accordance with COWC – Prep2Me informed consent form, as may be approved by COWC.