ScriptHero Terms of Use

These Terms of Use are applicable to your access to and use of the ScriptHero website accessible at the URL www.scripthero.com (“Website”) and the ScriptHero mobile application, when available, (“App”) operated by or on behalf of ScriptHero LLC, a Delaware limited liability company (“ScriptHero,” “our”, “us”, or “we”). Your access to and use of the WebSite and App, and the information and services available through the Website and App, are subject to these Terms of Use, regardless of whether you possess an account through the Website or App linked to your name and/or contact information (“Account”).

By accessing or using the App, you agree to these Terms of Use. Please read them carefully. If you do not understand or agree to be bound by these Terms of Use, do not access or use the Website or App services.

The Website and App are Provided as a Service to You and on Your Behalf

We are providing the Website and App to you, and not as a service to any of your healthcare or insurance providers. None of the information that you provide to us, we receive from or collect about you, or make available to you through the Website or App constitutes “protected health information” under federal health privacy laws, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

Privacy Policy

The ScriptHero Privacy Policy is part of these Terms of Use and is incorporated into the Terms of Use by this reference. By accepting these Terms of Use, you agree to our collection, use, and disclosure of information as described in the Privacy Policy. We encourage you to review the https://www.scripthero.com/privacy-policy.

Electronic Communications

When you use the Website or App or send text messages or e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by SMS or text messages, e-mail or by posting notices via the Website or App services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Intellectual Property

All content included in, or made available through, the Website or App, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, along with the compilation of such content, is the property of ScriptHero or its content suppliers, is protected by United States and international copyright laws, and may be subject to other intellectual property protections, including patent and trademark rights under United States, other national laws, or international law. All elements of the Website and App, including without limitation the general design of the Website and App and the content included therein, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. The Website and App may be used only for the intended purpose for which it is being made available. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the Website or App. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website or App. For purposes of these Terms of Use, the use of any such material on any other mobile application, website, or online service is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the App. The Website, App, their content, and all related rights shall remain the exclusive property of ScriptHero or its licensors unless otherwise expressly agreed.

Mobile App

If available, to use our App you must have a mobile device that is compatible with the App. We do not warrant that the App will be compatible with your mobile device. We grant to you a non-exclusive, non-transferable, revocable license to use an object code copy of the App for one registered account owned solely by you, for your personal and non-commercial use.

You may not: (a) modify, disassemble, decompile or reverse engineer the Website or App; (b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Website or App to any third-party; (c) make any copies of the Website App; (d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website or App, features that prevent or restrict use or copying of any content accessible through the Website or App, or features that enforce limitations on use of the Website or App; or (e) delete the copyright and other proprietary rights or notices on the Website or App.

You acknowledge that we may from time to time issue upgraded versions of the App, and may upgrade automatically to your mobile device the version of the App that you are using. You consent to such automatic upgrading and agree that these Terms of Use will apply to all such upgrades.

You acknowledge and agree that the availability of the App is dependent on the third-party websites from which you download the App (for example, the App Store from Apple or the Android app market from Google, each an “App Store”). You acknowledge that these Terms of Use are between you and ScriptHero and not with an App Store or provider of the App Store. Each App Store may have its own term and conditions to which you must agree before downloading mobile applications from it. You agree to comply with, and your license to use the App is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.

Your Account

We may require that you create an account to access or use some or all of the Website or App. By creating an account, you agree to: (a) provide accurate and current information; and (b) maintain and promptly update such information to keep it accurate and current. If you provide any information that is false, inaccurate, or deceptive, as determined in our sole discretion, we may suspend or terminate any account you establish, decline to provide you with services on the Website and App, and/or refuse any or all current or future use of the Website and App or any portion thereof.

If you create an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile device. You may not share your account and password with anyone. You agree that you are responsible for all activities that occur under your account or password, even if not authorized by you. You must notify us immediately of any breach of security or unauthorized use of 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.

Minors and Use of Service as a Legal Guardian or Caregiver

You must be 18 years of age or older to access or use the Website and App. By using the Website or App, you represent that you are 18 years of age or older. If you use the Website or App as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms of Use.

If you are legally authorized under applicable law to manage the care for another person, such as a child or parent, you can use the App as a “Caregiver”. Caregivers must have permission from the patient, or permission from someone acting on the patient’s behalf.

Your Conduct

When using either the Website or App, you agree to:

• Comply with all applicable laws, rules, and regulations.
• Not take any action that interferes with the proper working of the Website or App, compromises the security of the Website or App, or otherwise damages the Website or App or any materials and information available through the Website or App.
• Not use the Website or App for any purpose that is unlawful or prohibited by these Terms of Use.
• Not solicit the performance of any illegal activity or other activity that infringes our rights or the rights of others.
• Not attempt to gain unauthorized access to any portion or feature of the Website or App, to any other systems or networks connected to the Website or App, to any of our servers, or to any of the services offered on or through the Website or App, including but not limited to by hacking, password “mining,” or any other unauthorized means.
• Not probe, scan, or test the vulnerability of the Website or App or any network connected to the Website or App.
• Not attempt to breach the security or bypass the authentication measures on the Website or App or any network connected to the Website or App.
• Not upload or transmit any viruses, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment to the Website or App.
• Not use the Website or App, or any service or information made available or offered by or through the Website or App, in any way where the purpose is to reveal any information, other than your own information, or the information of a person in which you are legally authorized under applicable law to manage his or her care (such as a child or parent), or information that we make available to you through the Website or App.
• Not use any automated means to collect information or content from or otherwise access the Website or App, including but not limited to through the use of technical tools known as robots, spiders, or scrapers, without our prior permission.
• Provide accurate and current information, and not to provide information that attempts to impersonate another individual.
• Maintain and promptly update such information to keep it accurate and current.

Disclaimer of Warranties, Limitation of Liability, and Indemnification

The following terms of use apply to your use of the Website or App:

• Disclaimer of Warranties: YOUR USE OF EACH OF THE WEBSITE AND APP IS AT YOUR SOLE RISK. THE WEBSITE AND APP AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE AND APP ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE WEBSITE AND APP AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE AND APP ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE AND OUR AFFILIATES DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE OR APP ARE ACCURATE, RELIABLE, COMPLETE, OR CORRECT WITHOUT DEFECTS OR ERRORS; THAT THE WEBSITE OR APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE OR APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
• Limitation of Liability: In no event will ScriptHero or any of its officers, directors, employees, shareholders, affiliates,, subsidiaries, agents, successors, or assigns, nor any party involved in the creation, production, or transmission of the Website or App, be liable to you or anyone else for any indirect, special, punitive, incidental, or consequential damages (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of the use, inability to use, or the results of use of the Website or App, any websites and online services linked to the Website or App, or the materials, information, or services contained on the Website or App or any or all such websites and online services, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law; please refer to your local laws for any such prohibitions. In the event of any problem with the Website or App or any content provided therein, you agree that your sole remedy is to cease using the Website and App. ScriptHero does not assume any responsibility, and will not be liable, for any damages to, or any viruses that may infect, your computer or device, telecommunication equipment, or other property caused by or arising from your access to or use of the Website or App, or your downloading of any information or materials from the Website or App. In no event shall ScriptHero’s total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed fifty dollars ($50.00).
• Accuracy of Information: ScriptHero attempts to be as accurate as possible in the provision of the services made available through the Website and App. Despite our efforts, the information on the Website or App may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currency of any information on the Website or App. 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. If a price referenced through the Website or App itself is not as described, your sole remedy is to accept the correct pricing or forgo the transaction.
• Indemnification: You agree to defend, indemnify, and hold us, our affiliates, subsidiaries, joint ventures, third-party service providers, and our respective employees, contractors, agents, officers, and directors harmless from any and all liability, claims, and expenses (including reasonable attorneys' fees) that arise out of, or are related to, your violation of these Terms of Use or your use or misuse of the Website or App.

Licensing of the App

You understand and agree that the App is licensed, not sold, to you for use only as outlined in these Terms of Use. We reserve all rights not expressly granted to you. We have the right to license the App and all underlying content, information, applications, and intellectual property. This license is limited to a non-transferable license to use the App on the applicable mobile device that you own or control, in accordance with these Terms of Use.

This license does not allow you to use the App on a device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof.

Security and Safety

You understand that the uploading of information to your mobile device in connection with the App and submitting information to the Website is at your own risk and that we are not responsible for unauthorized access to or use of any personal or other information. All information uploaded to the App may be stored on your mobile device and you understand that the security and safety of your mobile device is your sole responsibility.

Miscellaneous

• Assignment: You agree that these Terms of Use and all incorporated agreements may be assigned by ScriptHero in our sole discretion. Additionally, ScriptHero may assign or transfer any information you submit to the Website or the App in connection with a sale of the company, merger or other corporate reorganization to the extent the Website and the App are part of such transaction.
• Changes to These Terms of Use: We reserve the right to modify these Terms of Use, in whole or in part, at our own discretion at any time. Modifications shall be effective immediately upon the linking of modified Terms of Use to the Website App, or, if you possess an Account, by communicating the modifications to you either when you visit our Website, log in to the App or by sending you notice using the contact information that you have provided to us (including via text or email). You agree to comply with, and be bound by, any such modifications by continuing to use or access the Website or the App after modified Terms of Use are posted to the Website or App, or, if you possess an Account, by not terminating your Account within seven (7) calendar days after receiving notice of the modifications as described above.
• Choice of Law and Jurisdiction: You agree that these Terms of Use will be governed by and construed in accordance with the laws of Ohio without regard to the conflicts of laws rules of any jurisdiction, and that any dispute arising out of or relating to these Terms of Use or your access to or use of the App will be subject to the exclusive jurisdiction and venue of the courts located within Ohio. You agree to the personal jurisdiction and venue of these courts. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Because some jurisdictions do not permit the choice of law, jurisdiction, or venue, these requirements may not apply to you.
• Severability and Integration: Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and ScriptHero with respect to the Website and App, and supersede all prior or contemporaneous communications and proposals (whether written or electronic) between you and ScriptHero with respect to the Website and App. If any provision in these Terms of Use is deemed by a court to be invalid, void, or for any reason unenforceable, such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of the applicable rules, laws or court decisions. Any provision deemed invalid, void, or unenforceable shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.
• Waiver: Any waiver by us of a breach of any provision of these Terms of Use shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms of Use. Any such waiver must be in writing. Failure by us to insist upon strict adherence to any term of these Terms of Use on one or more occasions shall not be considered a waiver or deprive us of the right to insist upon strict adherence to that term or any other term of these Terms of Use in the future.
• Operation of the App: We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice: (a) modify, suspend, or terminate operation of or your access to the Website or App, or any portion of the Website or App, including but not limited to for your violation of these Terms of Use; (b) modify or change the Website and App, or any portion of the Website or App; and (c) interrupt the regular operation of the Website or App, or any portion of the Website or App, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the Website or App.

Contact Us

If you have any questions or concerns about the Website, App or these Terms of Use, please contact us at help@scripthero.com. Alternatively, you may write to us at:

Last updated: August 7, 2018