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Terms of use

TERMS OF USE

THESE TERMS OF USE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS
AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT
APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY SUBSCRIBING FOR SERVICES AND PRODUCTS FROM THE
WWW.TOWERVIEWHEALTH.COM WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO
ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND
CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION
OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR
COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT SUBSCRIBE FOR OR OBTAIN SERVICES OR PRODUCTS FROM THIS WEBSITE IF
YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS
OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH TOWERVIEW HEALTH, INC,
OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS
WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These Terms of Use (these “Terms”) apply to your access to and use of our end-to-end medication management solution and related services (the “Services”) through www.towerviewhealth.com (the “Site”). These Terms are subject to change by Towerview Health, Inc. (referred to as “Towerview”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to setting up an account,
subscribing to our Services or receiving any shipments of our proprietary smart pillboxes and medication trays (the “Products”). Your continued use of this Services after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

1. Access. We work hard to ensure the Site is always up and the online parts of our Services always available, but we can’t guarantee that the Site will not have downtime for any reason. We reserve the right to close the Site for short periods of time for general maintenance, but will attempt to keep this to a minimum. We will not be liable if for any reason all or any part of the Site is unavailable at any time, for any length of time. We do not guarantee that the Site or any content provided on the Site is error free. We manage your personal data and health-related information according to our Privacy Policy (see Section 15). As long as you comply with these Terms, Towerview grants you and your authorized caregivers a personal, non-exclusive, non-transferable, limited privilege to access and use the services we make available on the Site.

2. Your Account. We require you to input a password to access and use certain features of our Services. This allows us to exchange your personal and health-related information with us and give you details relevant to your use of the Services while keeping all of those activities private to you and other persons you expressly authorize to access your account. To do this, as part of our security procedures, we require you to register an account with Towerview by entering your email and choosing a secure password. We highly recommend that you choose a strong password that is hard for others to guess, and you log out from your account at the end of every session. There is a password reset procedure in case you forget your password. You must treat your account log-in information as confidential, not disclosing it to any third party other than your authorized caregiver and only using in person or in with your authorized caregiver. If you think there may have been any breach of security then it is your responsibility to notify us immediately and if log-in is possible, to change your password.

3. Electronic Communications. Certain features of the Services require that we send and receive electronic messages with you on a recurring basis. To access and use these Services, you will be required to give Towerview permission to contact you by autodialed calls/SMS communications/text messages and/or pre-recorded messages at the email address, phone number and/or wireless phone number you provide when you sign-up for such features, regardless your status on any State or Federal Do Not Call list. Such messages may include limited personal information about your prescriptions, treatment or benefits, and individuals you authorize to access your account and your mobile phone, carrier account or email address will also be able to see this information.

4. Telephone Consumer Protection Act (TCPA) Opt-In and Opt-Out. For any Services that require you to provide Towerview with permission to contact you on a recurring basis utilizing any form of electronic communications, during the sign-up process for such Services, you will be required to “opt-in” and grant us permission by making the following certifications:

I certify that I entered my own information, and give permission to be contacted at the email address and/or phone number provided by autodialed calls/text messages and/or pre-recorded messages, by Towerview, about healthcare and consumer products/services, regardless my status on any State or Federal Do Not Call list.

I understand that I may stop receiving email alerts by calling Towerview at 844-633-8729. I also understand that I can opt-out of SMS communications at any time by texting STOP to 844-633-8729, at which point I will receive a reply confirming that I have been unsubscribed. I understand that I can text HELP to 844-633-8729 to find out more about the Towerview SMS communication service. Towerview does not impose separate charges for text alerts; however, I understand that messaging and data rates from my mobile carrier may apply and I am responsible for any such charges.

5. Prescription Transfers and Requests. By finishing the online signup process for Services and adding your payment method, you give Towerview consent to transfer your prescriptions from your existing pharmacy(s) and / or reach out to your prescriber(s) for new prescriptions.

6. Accuracy of Information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. We reserve the right to disable any user account in our sole discretion, at any time for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms.

7. Conduct. In using the Site and our Services, you agree:

(a) Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any Services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked Sites;

(b) Not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked websites;

(c) Not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive, or destructive files;

(d) Not to use, frame, or utilize framing techniques to enclose any Towerview trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without Towerview’s express written consent;

(e) Not to use meta-tags or any other “hidden text” utilizing any of our names, trademarks, or product names without Towerview’s express written consent;

(f) Not to “deeplink” to this Site without Towerview’s express written consent;

(g) Not to create or use a false identity on this Site;

(h) Not to collect or store personal data about others;

(i) Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access; and

(j) Not to disassemble, decompile, or otherwise reverse engineer any Products or other portion of the Services. In addition, you agree that you will comply with all applicable local, state, national, and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.

8. Health-Related Decisions. You understand and agree that in no event will Towerview be liable for any decision made or action taken in reliance on the information contained on, or accessible through, the Site. Reliance on any information provided by, or otherwise appearing on, the Site is solely at your own risk.

9. Treatment of Conditions. PROPER TREATMENT OF HEALTH CONDITIONS DEPENDS UPON A NUMBER OF FACTORS, INCLUDING, BUT NOT LIMITED TO, YOUR MEDICAL HISTORY, DIET, LIFESTYLE AND MEDICATION REGIMEN. YOUR HEALTH CARE PROVIDER CAN BEST ASSESS AND ADDRESS YOUR INDIVIDUAL HEALTH CARE NEEDS. YOU SHOULD CONSULT WITH YOUR HEALTH CARE PROVIDER BEFORE STARTING A NEW DIET, FITNESS OR SUPPLEMENT REGIMEN. IF YOU ARE EXPERIENCING A MEDICAL CRISIS, PLEASE CALL 911 OR CONTACT YOUR LOCAL EMERGENCY ASSISTANCE SERVICE IMMEDIATELY.

10. Fees, Term and Payment.

(a) The fees payable for the Services will be at the rates in effect at the time you signup and subscribe to use the Services and will be set out in your order confirmation email. Posted rates do not include taxes or charges for shipping and handling of any Products. All such taxes and charges will be added to the total amount of fees payable to us, and will be itemized in your order confirmation email. The Services will automatically renew for the period specified when you signup and subscribe to use the Services, unless you give Towerview written notice 30 days prior to the expiration of the then current period of your intention to terminate the Services. Fees at the time of automatic renewals will be at the then-current Services rates.

(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept all major credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

(c) Towerview may immediately terminate or suspend your use of the Services, or terminate your account, if you (i) fail to pay any applicable fees when due, or (ii) breach or otherwise fail to comply with this Agreement and fail to remedy this breach within 30 days of being so notified. You will continue to be charged for the feebased Services during any period of suspension. Termination will not relieve you from its obligation to pay fees that remain unpaid and will not limit either party from pursuing other available remedies.

11. Shipments; Delivery; Title and Risk of Loss; Returns and Refunds.

(a) We will arrange for shipment of the Products to you. Please check the individual Product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

(b) We will send you an email confirmation with tracking information for all shipments. Feel free to call us at 844-633-8729, Monday through Friday, 9 a.m. to 5 p.m. ET. You can also email us at info@towerviewhealth.com, if you would like to check the status of your order.

(c) Title and risk of loss pass to you upon our transfer of the Products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

(d) WE OFFER NO REFUNDS ON ANY PRODUCTS AND ALL PRODUCTS ARE NONRETURNABLE. For defective returns, please refer to the manufacturer’s warranty (see Section 12) included with the product or as detailed in the product’s description on our Site.

12. Manufacturer’s Warranty and Disclaimers. We do not manufacture or control any of the Products delivered to you as part of the Services. The availability of Products does not indicate an affiliation with or endorsement of any manufacturer. Accordingly, we do not provide any warranties with respect to the Products offered as part of the Services. However, the Products are covered by the manufacturer’s warranty as detailed in the Product’s description on our Site and included with the Product. To obtain warranty service for defective Products, please follow the instructions included in the manufacturer’s warranty.

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

13. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

The limitation of liability set forth above shall not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.

14. Goods Not for Resale or Export. You represent and warrant that you are buying Services and Products from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.

15. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, www.towerviewhealth.com, governs the processing of all personal data and personal health information collected from you in connection with your access to and use of the Services through the Site. However, you acknowledge and agree that, by using the Services offered by Towerview, information related to your prescriptions will be collected from pharmacies, including name identifiers, birth date, gender, zip code information and prescription information. You acknowledge and agree that this information will be used for the administration of the Services provided by Towerview and disclosed to third parties for purposes of other programs that Towerview may enter into with health care providers for various treatment, payment or health care operations purposes, including for purposes of promoting better health outcomes and patient drug adherence. Some of this information may constitute protected health information (“PHI”) under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as amended. Towerview will seek to maintain any PHI it collects as confidential, safeguard it in accordance with HIPAA, and not disclose it except as set forth above. By requesting certain information to be provided to you and any caregivers and medical personnel that you have authorized us to provide such PHI, either through the website, e-mails, text messages, or any other mode of communication, you authorize Towerview to provide such information via such modes of communication. Further, you consent (subject the opt-out provisions of paragraph #4) to the receipt of telephone, text-message or other form of electronic communication from Towerview regarding your medication adherence and  other Services provided by Towerview. If at any time you do not wish to receive email communication, please follow the procedures set forth in paragraph #4.

16. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown
or power outage.

17. Copyrights. All information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material residing on the Site, including, without limitation, the Towerview logo, design, text, graphics, software, other files, and the selection and arrangement thereof (the “Content”) are protected by copyrights which are owned or licensed by Towerview, or otherwise used with permission by Towerview. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Content from the Site or any other Site owned or operated by Towerview without the prior written permission of Towerview. Any modification of the Content, or any portion thereof, or use of the Content for any other purpose constitutes an infringement of Towerview’s copyrights and other proprietary rights. Use of the Content on any other Site or other networked computer environment is prohibited without prior written permission from Towerview Health, Inc.

18. Health-Related Content. Any health-related Content on the Site describes general principles of health care that should not be construed as specific instructions for individual patients. It is not intended as a substitute for a consultation with your physician, and should not be used to diagnose or treat a health problem without consulting your physician. It is for reference only and should not be used to determine treatment for specific medical conditions – only a health care provider can do that. The Site and its health-related information and resources are not intended and must not be taken as the rendering of medical, nursing or professional health care advice or services, or the practice of medicine, nursing or professional health care in any jurisdiction. You should discuss the information provided with a physician, pharmacist, nurse or other licensed health care professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions and contraindications before administering or using any device, drug, herb, vitamin or supplement discussed on this Site.

19. Monitoring. Towerview may elect to monitor areas of the Site by electronic or other means and may disclose any Content, records, Submissions or electronic communication of any kind (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, sponsors, providers, licensors or merchants. We are not responsible for screening, policing, editing or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or to request the removal of such Content from the Site.

20. Trademarks. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Towerview, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Towerview Health, Inc.

21. Links. Towerview makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of Sites accessible by hyperlink from this Site, or Sites linking to this Site. The linked Sites are not under the control of Towerview and Towerview is not responsible for the content of any linked Site or any link contained in a linked Site, or any review, changes, or updates to such Sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by Towerview of the Site or any information contained therein. When leaving the Site, you should be aware that Towerview’s Terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that Site.

22. Indemnification. You agree to indemnify the Towerview, our directors, officers, employees, agents, subsidiaries, successors and assigns, for any losses, costs, or damages, including reasonable attorneys fees incurred by any of them and relating to, or arising out of any dispute or claim pertaining to violations of the Privacy Policy, the Health  Information Privacy Policy, these Terms and any Content placed on the Site, or made by any third party due to or arising out of anything you submit, post, transmit or make available through the Site.

23. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between the Towerview and any user of the Site and/or the Service.

24. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Pennsylvania. You agree to the personal jurisdiction by and venue in the state and federal courts located in the Eastern District of Pennsylvania, and waive any objection to such jurisdiction or venue. Any claim under these Terms must be brought within one year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Towerview and you arising out of or in connection with your access to or use of the Services or of the Site, including its Contents, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed 30 days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

25. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Towerview Health, Inc.

26. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

27. Notices.

(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b) To US. To give us notice under these Terms, you must contact us as follows: (i) by sending an email message to info@towerviewhealth.com; (ii) by personal delivery, overnight courier, or registered or certified mail to 1635 Market Street, Suite 1600, Philadelphia, PA 19103. We may update the email or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email will be effective on the date sent if sent during normal business hours, and on the next business day if sent after normal business hours. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

28. Feedback. Towerview welcomes your feedback. Any feedback you provide at the Site will be deemed to be nonconfidential, and Towerview will be free to use such information on an unrestricted basis.

29. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

30. Entire Agreement. These Terms and our Privacy Policy and our Health Information Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.