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Terms of Use

Terms of Use Agreement
Last updated: 2nd February 2025

INTRODUCTION AND DEFINITIONS

The following terms of use and end user license agreement (the "Terms of Use") constitute an agreement between you (collectively, "user", "you", or "your") and CRX Affordable HPS and its affiliated subsidiary, and franchise pharmacies ("Pharmacy" or "Pharmacies") who license the "CRX Affordable HPS" name and the CRX Affordable HPS software platform (the "Platform") (collectively, "CRX Affordable HPS", "our", "us", or "we").
CRX Affordable HPS offers an online platform, where the purchase, consultation, and sale of goods, including prescription fulfillment, are completed solely by the pharmacy, wholesaler, manufacturer, and user.
These Terms of Use govern your use of and access to the Site, the Platform, which is owned and operated by CRX Affordable HPS and provided under license to the Pharmacy, and the Content and/or Services (each as specified below). They are a legally binding agreement between you and CRX Affordable HPS and between you and the Pharmacy.

Definitions:

  • “Content” means any expression fixed in a tangible medium and includes, without limitation, ideas, text, comments, video, audio, images, graphics, designs, drawings, animations, logos, trademarks, copyrights, information, data, software, scripts, tasks,
    activities, and any intellectual property therein, any of which may be created, submitted, or otherwise made accessible on or through the Site and/or Services.
 
  • “Patient Representative” means a person who consents to act and is authorized to act on the patient’s behalf to manage the user’s prescriptions and Services in compliance with applicable laws and regulations. 
 
  • “Services” means all services made available by the Pharmacy through the Site and/or the Platform.
 
  • “Site” means the [https://www.crxahps.com] and its related webpages and sites (including, without limitation, any mobile optimization website).
 
  • “Platform” means the CRX Affordable HPS platform, including the CRX Affordable HPS mobile applications, which are provided under license to the Pharmacy.

ACCPETANCE OF TERMS AND CHANGES AND REVISIONS

Carefully review these Terms of Use; if you disagree with them, you are not permitted to access or use the Site, Content, or Services and should exit the Site, cease using any or all of the Site, Content, or Services immediately, and if you have downloaded or installed any of the Content onto your devices, uninstall the Content from such devices immediately.
By accessing the Site or Platform, submitting information to us, or downloading, installing, or using any of our Content or Services, you accept these Terms of Use. If you do not accept these Terms of Use, you must not submit information to or register an account with us, access the Site, download, install, or use any Platform Content or Services. If you are under the age of fourteen (14), you are not permitted to access or use the Site, the Platform, Content, or Services; you must exit the Site and cease using these services immediately and have parent or guardian access or use them on your behalf.
We reserve the right, acting in our sole discretion and at any time, to revise these Terms of Use. We will give you notice of such revisions by posting the revisions to the Site. It is your responsibility to ensure that you know the current Terms of Use when you access or use the Site, the Platform, Content, or Services. If you continue to access or use any of the Site, the Platform, Content, or Services after any revisions to these Terms of Use are posted, you will be deemed to have accepted those revisions.

MEDICAL EMERGENCY

DO NOT USE THE SITE FOR MEDICAL EMERGENCIES. IF YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR CALL A PHYSICIAN OR QUALIFIED HEALTHCARE PROVIDER. UNDER NO CIRCUMSTANCES SHOULD YOU ATTEMPT SELF-TREATMENT BASED ON ANYTHING YOU HAVE SEEN OR READ ON THE WEBSITE.

GENERAL INFORMATION

The information on the Site is for informational purposes only and is not professional medical advice, diagnosis, treatment, or care. This information is not a substitute for professional health care. Always seek the advice of an appropriately licensed pharmacist, physician, or other qualified healthcare provider concerning any questions you have regarding information obtained from this Site and any medical condition you believe may be relevant to you. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. Always consult your pharmacist, physician, or other healthcare provider before starting any new treatment. Information on the Site is not exhaustive and does not cover all diseases, ailments, physical conditions, or various treatment options.

NO PHARMACIST-PATIENT RELATIONSHIP

Use of this Site does not establish a pharmacist-patient relationship between you and any of the pharmacists at a CRX Affordable HPS Pharmacy. The Site is not intended as a solicitation of individuals to become patients or clients of the Pharmacy. A pharmacist-patient relationship will only be established following communication between you and a CRX Affordable HPS pharmacist after you create a client profile through the patient portal services of the secured Platform or when you otherwise contact a pharmacist directly.

DRUG DISPENSING REQUIREMENT POLICIES

General
  • You must have a valid prescription from a physician or other healthcare professional licensed to practice and prescribe medications in Canada. Please note that only your doctor or healthcare professional can fax a prescription to the Pharmacy according to the regulations established by the applicable provincial College of Pharmacy. 
  • The Pharmacy accepts prescriptions transferred from your old pharmacy. If you provide us with the name and confirm the correct pharmacy location or contact information of your old pharmacy and select the transfer of prescriptions service, you are consenting to the transfer of your prescriptions, and we will coordinate the transfer for you.
  • To save time, you can use the Platform to take a picture of your prescription and submit it directly to us. We will send you a prepaid, priority envelope to mail us your prescription since we cannot ship your medication without a physical copy of your prescription. We use the picture to sort and package your medication ahead of time, so your medication is ready to ship as soon as we receive your prescription in the mail. If your prescription
    changes, have your doctor fax it directly to the Pharmacy, and we will update your file.
  • Before any prescription is released for shipping, a pharmacist will be in contact with you to discuss your medication for counseling. If you have a clinical question, you can privately consult with a pharmacist by calling the Pharmacy during the posted hours of operation.
Compounding Policy
  • You acknowledge that certain medications prescribed by your physician may require compounding by a compounding pharmacy as mandated by Canada’s respective pharmacy regulatory bodies. In order to prepare these compounded prescriptions and for this sole purpose, you authorize CRX Affordable HPS Pharmacy to disclose your personal health information to a partner compounding pharmacy.
Narcotics Policy
  • The Pharmacy does not dispense narcotics or controlled or targeted substances. Such deliveries may be limited to our local delivery area. For more information on the available delivery area, please get in touch with the Pharmacy directly.
Safety and Quality
  • The pharmacy advises you always to follow your doctor’s or healthcare professional’s instructions for taking your medication: take the prescribed amount of the medication for the prescribed length of time as advised by your physician. This is the best thing you can do to ensure you get the full benefits from your medication and prevent additional health complications. We understand that some medications may have unpleasant side effects or be challenging to administer, and that is why pharmacists are available to offer clinical advice when dealing with these issues. The Pharmacy only dispenses medications that have been approved for sale by Health Canada.
Packaging and Child Safety Waiver
  • A pharmacy must dispense medication in a child-resistant container unless the patient has signed a waiver or verbally requested a non-safety vial or container or where a child-resistant container is not suitable due to the physical nature of the pharmaceutical.
CRX PACKS ARE NOT CHILD RESISTANT AND SHOULD BE KEPT OUT OF REACH OF CHILDREN AT ALL TIMES. YOU ARE RESPONSIBLE FOR ENSURING NECESSARY SAFEGUARDS ARE IN PLACE TO KEEP CHILDREN FROM ACCESSING OR TAMPERING WITH YOUR MEDICATIONS STORED IN CRX PACKS. BY REQUESTING CRX PACKS, YOU ACKNOWLEDGE THAT YOU ARE REQUESTING PACKAGING THAT IS NOT CHILD-RESISTANT AND ARE ACCEPTING THE RISKS THEREIN.

TERMS OF USE OF THE PLATFORM

The Platform is owned by CRX Affordable HPS and is licensed to CRX Affordable HPS pharmacies. The Platform is made available to users under license. CRX Affordable HPS is responsible for all content on the Platform, and the Pharmacy is responsible for all products and services obtained through the Platform.
Changes to the Platform
CRX Affordable HPS reserves the right, acting in its sole discretion and with or without prior notice to you, to do any of the following:
  • Modify, suspend, or terminate operation of, or access to, any portion, features, or functions of the Platform, Content, or Services, including, but not limited to, hours of availability, geographical availability, and applicable policies or terms.
  • Change any fees or charges related to your use of the Platform, Content, or Services.
  • Make changes to the equipment, hardware, or software required to use and access the Platform, Content, or Services and
  • Interrupt the Platform, Content, or Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other modifications.
Updates and Discontinuance of Platform or Services
  • You acknowledge and agree that CRX Affordable HPS may update, modify, patch, or discontinue any aspect of the Platform or Services by remotely installing updates and patches or otherwise, without your consent or approval and with or without prior or any notice to you, and that the Terms of Use apply to those updates and modifications. We are not obligated to provide updates or modifications or to continue providing Services.
  • CRX Affordable HPS reserves the right, at any time and without notice or liability to you, to update, modify, or reset specific parameters of the Platform or Services, any of which may impact your use of the Platform and/or Services.

USE OF SERVICES AND YOUR ACCOUNT

Your Account and Security
To access and use certain features of the Platform or Services, you may be required to register an account (the “Account”) through the Platform or Services. When you register or update an Account, you will be required to provide us with certain personal information, which may include your name, e-mail address, telephone number, date of birth, care card or provincial personal health number, medication and prescription information, information regarding allergies, medical history, gender, insurance information, payment information, selected user name and password (the “Login Information”), and to grant express consent to the Pharmacy and to CRX Affordable HPS to contact you through the telephone number and e-mail address provided. We will retain and use this login information following the privacy policy. You agree that all the login information you provide will be accurate and complete and that you will promptly update such login information if it changes.
You are responsible for protecting the confidentiality of your Login Information and restricting access to your computer, device, or media system platform. You agree to accept responsibility for all activities that occur under your Account. You are not permitted to share your Account(s) or Login Information or to allow any other person to access your Account(s). You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Login Information, your Account(s), or any other security breach involving your Account(s) or the Site or Services at privacy@crxahps.com. We are not responsible for unauthorized access to your Account(s) or Login Information, even if you have advised us of such. You are responsible for all activities under your Account(s), including but not limited to purchases, whether you have authorized such activities. CRX Affordable HPS strives to ensure the security of users’ data and Accounts; however, we cannot guarantee that unauthorized third parties will not circumvent our security measures.
Accessing your Account(s)
Each time you log into and access an Account; you represent and warrant that:
  • You are the person who registered the Account.
  • All of the personal information registered in connection with the Account is current, complete, and accurate.
  • You are accessing the Platform and using the Services solely for lawful purposes and in strict compliance with these Terms of Use.
  • You are accessing the Site or Services solely for personal, non-commercial purposes.
  • You are not, and are not acting on behalf of, any competitor or prospective competitor of CRX Affordable HPS or its affiliates or subsidiaries.
  • You are not accessing the Platform or Services for any dispute or litigation involving CRX Affordable HPS and
  • You do not access the Site or Services for any illegal purpose or to advertise, solicit, or communicate with other users for any commercial purpose.
Patient Representative Account Settings
You may add a family member or caregiver to your Account as your Patient Representative for that Patient Representative managing your prescriptions and Services on your behalf. You are responsible for ensuring that the contact information for this Patient Representative is current, complete, and accurate. Adding a Patient Representative to your account will give access and constitutes deemed consent for that individual to manage your prescriptions and Services on your behalf. This Patient Representative will then be contacted and asked to provide his or her with his or her consent to be your Patient Representative. This Patient Representative must not be a minor. After completing this process, your Patient Representative can manage your prescriptions and Services as an additional user whose Account is added to your Account.
You may also add a family member or person to whom you are a caregiver or representative to your Account to manage this user's prescriptions and Services as a Patient Representative. If this user is an adult, you must provide his or her basic contact information. You are responsible for ensuring that the contact information for this user is current, complete, and accurate. By adding a user to whom you are a caregiver or representative to your account, you are deemed to consent to be a Patient Representative for this user. This user will then be contacted and asked to provide his or her consent for you to be his or her Patient Representative. You may also act as a Patient Representative for a minor to whom you are a parent or legal guardian. The minor's consent is not required. After this process is completed, you can manage the user's prescriptions and Services through your Account.
Service Monitoring and Suspension
CRX Affordable HPS may monitor, terminate, or suspend your Account or our Services at any time. CRX Affordable HPS may immediately, and without prior notice, terminate your ability to access each or both of the Platform or Services or portions thereof for any reason including, without limitation: (i) if you violate or otherwise fail to strictly comply with any term or provision of these Terms of Use; (ii) if we have determined that your use has created or potentially created risk or legal exposure for CRX Affordable HPS; or (iii) in response to requests by law enforcement or other government agencies. Upon termination of your access to the Platform or Services or portions thereof for any reason, you must cease use of your Account(s), stop accessing the Platform and Services, and promptly destroy all electronic and other copies of all content, including all related documentation.
You acknowledge and agree that we may terminate or suspend your Account in our sole discretion and that we shall not be liable to you or any third party for any termination or suspension of your Account, your access to the Site, or the Services.
Following any suspension of Services or termination of your Account, upon request, the Pharmacy will transfer your prescription to a pharmacy licensed in Canada of your choosing if the drug does not contain a controlled substance, and the transfer occurs between a registrant and another registrant or an equivalent of a registrant in another Canadian jurisdiction. Pharmacy will ensure continuity of care in such a case.
Consent to Receive Electronic and Telephonic Communications
You consent to receive telephonic communications from CRX Affordable HPS and the Pharmacy and electronic communications either in the form of email, SMS, MMS, or push notification to your mobile or electronic device or other forms of electronic messages sent to you at the addresses and accounts listed on your Account or by communications posted on or notifications through the Site and/or the Platform (collectively, "Electronic Communications").
You acknowledge and agree that any Electronic Communication shall satisfy any legal requirement that such communication or notification be in writing.
Upon registering an Account, you may receive Electronic Communications regarding the operations of our Services. You cannot opt out of receiving these communications while using our Services. You may also receive promotional Electronic Communications while you use our Services. You can stop these Electronic Communications at any time by using the unsubscribed feature in the footer of such Electronic Communications, where applicable, or by managing your Account settings accordingly. You may also use the settings on your mobile or other electronic devices to disable push notifications anytime. You cannot opt out of Electronic Communications in the form of general notices on the Site to all users.
Text and Mobile Messaging Consents
Without limiting the generality of the foregoing, by downloading or using our applications, the Site, the Platform, and the Services, you agree that we may communicate with you regarding the Site, our Platform or Services, or respond to your communications to us through the Services by Electronic communications, including SMS, MMS, text message, push notifications, or other electronic means directed to your mobile device.

DEVICES, MOBILE SERVICES, AND MARKETPLACES

The Site may be available through a particular mobile device or other personal electronic devices. You acknowledge and agree that CRX Affordable HPS is not responsible for ensuring that your device’s software is compatible with the Site or that you can use or access the Site or the Services through your device. If you are accessing Services or the Site through a mobile device, check with your carrier to understand what voice, data, and messaging rates will apply. In addition, the terms and conditions of the app store or marketplace from which you may have downloaded our application will also apply.
Digital Marketplaces and App Stores
If you download our applications from a third-party marketplace or app store (the “App Provider”), you acknowledge and agree that:
  • The Terms of Use are an agreement between us and not with the App Provider; as between CRX Affordable HPS and the App Provider, CRX Affordable HPS is solely responsible for the applications.
  • The App Provider has no obligation to provide any maintenance and support services to the applications.
  • In the event of any failure of the applications to conform to any applicable warranty, (i) you may notify the App Provider, and the App Provider may refund the purchase price for the applications to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever to the applications, and (iii) any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be, as between CRX Affordable HPS and the App Provider, CRX Affordable HPS’ responsibility;
  • The App Provider is not responsible for addressing any claims you have relating to the applications or your possession and use of the applications.
  • If a third party claims that an application infringes another party’s intellectual property rights, as between the App Provider and CRX Affordable HPS, CRX Affordable HPS will be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.
  • The App Provider and its subsidiaries are third-party beneficiaries of these Terms of Use as it relates to your license to the applications and upon your acceptance of these Terms of Use, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the applications against you as a third-party beneficiary thereof; and
  • You must also comply with all applicable third-party terms of service when using the applications.
Application License
We hereby grant you a personal, non-exclusive, non-transferable, non-sub-licensable, revocable license to use our applications downloaded directly from a legitimate marketplace or app store, solely in object code format and for lawful purposes. Concerning any open-source or third-party code that may be incorporated in the applications, such open-source code is covered by the applicable open-source or third-party end-user license agreement, if any, authorizing such code.
Limited End User License
Subject to your strict compliance with these Terms of Use, CRX Affordable HPS hereby grants you a limited, revocable, non-exclusive, personal, non-transferable license, without the right to sublicense, to access and use the (i) Site and (ii) Services which you have downloaded, installed, purchased, or subscribed for, as applicable, on a single computer, mobile device, or media platform (the "License"). You should not acquire ownership rights in the Content or any of the Services or Site. Except as expressly permitted under these Terms of Use, you will have no rights to, either directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, transmit, modify, adapt, enhance, improve, create any derivative works from the Site or Services, disclose any part or feature of the Site or Services that CRX Affordable HPS has not publicly disclosed, or to display, distribute, publicly perform or any other way exploit, the Site, Services, or the Content in whole or in part. You acknowledge and agree that we may modify, suspend, or remove any Content or features of the Site or Services at any time. For further certainty, you hereby acknowledge and agree that the general health-related data and information made available to you under the License is CRX Affordable HPS’ exclusive property and is of essential value to CRX Affordable HPS. You shall not aggregate and/or republish, in whole or in part, any of the general health-related data and information.
End-User License Term
The term of your License commences on the date of your acceptance of these Terms of Use and shall end on the earlier date of your or CRX Affordable HPS’ suspension or termination of your Account. Your License shall terminate immediately, automatically, and without notice if you attempt to circumvent any technical protection measures used in connection with the Site or Services or breach these Terms of Use.

CONTENT OWNERSHIP AND USE

Trademarks, Logos, and CRX Affordable HPS’ Branding
The trademarks, logos, signs, symbols, images, and brands (“Marks”) displayed on the Site are the property of CRX Affordable HPS or our third-party licensors. You are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the Internet without the written permission of CRX Affordable HPS, which consent may be withheld in the sole discretion of the owner of the relevant Marks. Should you wish to contact CRX Affordable HPS with respect to a trademark issue, email privacy@crxahps.com. Intellectual property laws protect all Content available on or through the Site or Services. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any Content for commercial or public purposes.

LINKED SITES AND THIRD-PARTY SERVICES

Linked Sites
CRX Affordable HPS prohibits caching unauthorized hypertext links to the Site and the framing of any Content available through the Site. CRX Affordable HPS reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other Internet sites linked to the Site. Access to any Linked Sites is at your own risk. You should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from those provided on the Site. CRX Affordable HPS is not responsible for the policies, practices, condition, and operation of any Linked Sites and expressly disclaims any and all responsibility and liability to you if you access or use a Linked Site.
Services not Controlled by CRX Affordable HPS or the Pharmacy
Some of the Content or Services may be accessible or allow you to use such Content or Services on or through a website, service, or device not controlled by CRX Affordable HPS. For example, you may download, install, or access the Content or Services through a mobile or web-based online marketplace or have the option to use the Content or Services online on servers not owned or controlled by CRX Affordable HPS, or CRX Affordable HPS may make the Content or Services available through servers that are not owned or controlled by CRX Affordable HPS. CRX Affordable HPS takes no responsibility for your access to or use of the Content or Services through or on any third-party device or service not controlled by CRX Affordable HPS and otherwise has no over how such services are offered, administered or operated. Any such use of services not controlled by CRX Affordable HPS is at your own risk and may subject you to additional or different terms and conditions imposed by the third party that owns and controls such services.
Here’s the updated version of the document with "CRX Affordable HPS". replaced with "CRX Affordable HPS" and other relevant updates:
Laws and Regulations
Your access to and use of the Site, Content, or Services is subject to all applicable international, federal, provincial, state, and local laws and regulations.

WARRANTIES AND LIMITATION OF LIABILITY

No Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, ALL CONTENT AND SERVICES ON OR THROUGH THE SITE, CONTENT, OR SERVICES, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”), ARE PROVIDED TO YOU “AS IS” AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. CRX AFFORDABLE HPS DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE THROUGH THE SITE, CONTENT, SERVICES, OR A LINKED SITE BY ANY PARTY OTHER THAN CRX AFFORDABLE HPS, OR THE CAPABILITIES OR RELIABILITY OF ANY SERVICE OBTAINED FROM A LINKED SITE. EXCEPT AS REQUIRED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL CRX AFFORDABLE HPS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR A USER’S RELIANCE ON ANY SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT DISCLAIMED.
Limitation of Liability for Use of the Site, Content, and Linked Sites
THE INFORMATION, CONTENT, SERVICES, AND DESCRIPTIONS OF CONTENT OR SERVICES PUBLISHED ON THE SITE OR A LINKED SITE, OR INCLUDED IN THE CONTENT OR SERVICES, MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, CRX AFFORDABLE HPS SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE INFORMATION ON THE SITE OR LINKED SITES OR CONTAINED IN THE CONTENT OR SERVICES. CRX AFFORDABLE HPS MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE, CONTENT, OR SERVICES AT ANY TIME.
YOU AGREE THAT CRX AFFORDABLE HPS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, EQUITY, OR UNDER ANY OTHER LEGAL THEORY, FOR ANY PERSONAL INJURY, LOSS, ACCIDENT, OR DEATH OR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE, OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, CONTENT, SERVICES, OR A LINKED SITE, OR FOR ANY DELAY OR INABILITY TO USE THE SITE, CONTENT, SERVICES, OR A LINKED SITE, EVEN IF CRX AFFORDABLE HPS IS MADE AWARE OF THE POSSIBILITY OF SUCH INJURY, LOSS, ACCIDENT, DEATH, OR DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES, MALWARE, OR MALICIOUS SOFTWARE WHICH MAY INFECT A USER’S EQUIPMENT OR DEVICES, FAILURE OF THE CONTENT OR SERVICES TO BE COMPATIBLE WITH YOUR HARDWARE OR SOFTWARE, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION OR INTERCONNECT LINES OR FIBER, OR OTHER CONNECTIVITY PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, LOSS OF DATA, OPERATOR ERRORS, STRIKES, OR OTHER LABOUR PROBLEMS, OR ANY FORCE MAJEURE EVENT. CRX AFFORDABLE HPS CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, ERROR-FREE, OR SECURE ACCESS TO THE SITE, CONTENT, OR SERVICES. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL CRX AFFORDABLE HPS BE LIABLE TO YOU FOR ANY AMOUNT THAT EXCEEDS THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO CRX AFFORDABLE HPS. APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, EVEN IF THIS IS THE CASE, IN NO EVENT SHALL THE TOTAL LIABILITY OF CRX AFFORDABLE HPS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY, OR UNDER ANY OTHER LEGAL THEORY, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THE SITE, CONTENT, OR SERVICES EXCEED THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO CRX AFFORDABLE HPS.
Limitation of Liability for Services Arranged Through the Site
YOU AGREE THAT CRX AFFORDABLE HPS IS A MERE REPRESENTATIVE FOR THE CONTENT PROVIDERS AND SUPPLIERS OF THIRD-PARTY GOODS AND SERVICES, OTHER THAN THOSE PROVIDED BY THE PHARMACY, AVAILABLE THROUGH THE SITE, CONTENT, OR SERVICES, AND CRX AFFORDABLE HPS DOES NOT ENDORSE OR CONTROL ANY CONTENT PROVIDERS, THIRD-PARTY SUPPLIERS, OR SUCH THIRD-PARTY GOODS OR SERVICES. ANY AND ALL CLAIMS REGARDING ANY FAILURE, BREACH, LOSS, OR INJURY WITH RESPECT TO THE THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THE SITE ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SUCH CONTENT PROVIDERS AND THIRD-PARTY SUPPLIERS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, CRX AFFORDABLE HPS HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, EQUITY, OR ANY OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY CONTENT PROVIDER OR OTHER SUPPLIER THROUGH THE SITE, CONTENT, OR SERVICES, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY, OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CONTENT PROVIDER OR SUPPLIER, AND YOU HEREBY IRREVOCABLY WAIVE, RELEASE, AGREE NOT TO SUE, AND FOREVER DISCHARGE CRX AFFORDABLE HPS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY LIABILITY WITH RESPECT TO THE SAME. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL CRX AFFORDABLE HPS OR THE PHARMACY BE LIABLE TO YOU FOR ANY AMOUNT THAT EXCEEDS THE AGGREGATE OF ALL THE AMOUNTS PAID BY YOU TO THE PHARMACY.
APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, EVEN IF THIS IS THE CASE, IN NO EVENT SHALL THE TOTAL LIABILITY OF CRX AFFORDABLE HPS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), IN EQUITY, OR UNDER ANY OTHER LEGAL CAUSE OF ACTION, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THE SITE, CONTENT, OR SERVICES EXCEED THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO CRX AFFORDABLE HPS.

INDEMNITY

YOU HEREBY AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CRX AFFORDABLE HPS AND THE PHARMACY AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ADMINISTRATORS, AND ASSIGNS (THE "INDEMNIFIED PARTIES") FROM AND AGAINST ALL LIABILITIES, CLAIMS, ACTIONS, CAUSES OF ACTION, COSTS, AND EXPENSES (INCLUDING LEGAL EXPENSES ON A FULL INDEMNITY BASIS AND ANY OTHER FEES AND EXPENSES INCURRED FOR INVESTIGATING OR DEFENDING ANY ACTION OR THREATENED ACTION, AS WELL AS SETTLEMENT COSTS) WHICH ANY OF THE INDEMNIFIED PARTIES MAY SUFFER OR INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) YOUR OR ANY PERMITTED MINOR’S VIOLATION OF ANY OF THESE TERMS OF USE, (II) YOUR OR ANY PERMITTED MINOR’S USE OR MISUSE OF THE SITE, CONTENT, OR SERVICES, INCLUDING BUT NOT LIMITED TO YOUR OR A PERMITTED MINOR'S PERSONAL INJURY OR DEATH, (III) YOUR OR A PERMITTED MINOR’S USE OR MISUSE OF ANY LINKED SITES, AND (IV) YOUR OR ANY PERMITTED MINOR’S VIOLATION OF ANY LAW OR THIRD PARTY RIGHTS.
WITHOUT DEROGATING FROM OR EXCUSING YOUR OBLIGATIONS UNDER THIS SECTION, WE RESERVE THE RIGHT (AT YOUR EXPENSE), BUT ARE NOT UNDER ANY OBLIGATION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER THAT IS SUBJECT TO AN INDEMNIFICATION BY YOU EVEN IF YOU CHOOSE TO DEFEND OR SETTLE IT. YOU AGREE NOT TO SETTLE ANY MATTER THAT IS SUBJECT TO AN INDEMNIFICATION BY YOU WITHOUT FIRST OBTAINING OUR EXPRESS APPROVAL.

VIOLATIONS OF TERMS OF USE

You agree and acknowledge that CRX Affordable HPS may, in its sole and absolute discretion and without prior notice to you, terminate or suspend your access to the Site and your use of CRX Affordable HPS’ products and services, or any portion thereof, and cancel your Account if CRX Affordable HPS has reason to believe that you have failed to strictly comply with these Terms of Use or that the use of the Site by you violates the rights of any third party or any applicable laws. In addition to the foregoing, CRX Affordable HPS reserves the right to pursue all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the Site. You agree and acknowledge that monetary damages may not be an adequate remedy for any violation of these Terms of Use by you and, without limiting any of CRX Affordable HPS’ other remedies, you hereby consent to, and authorize CRX Affordable HPS to obtain, an injunction or other equitable relief from any court of competent jurisdiction. You further authorize CRX Affordable HPS to disclose your personally identifiable information where reasonably necessary in connection with the foregoing.

TERMINATION

These Terms of Use, as amended from time to time by CRX Affordable HPS, shall remain effective until you or CRX Affordable HPS terminates them. You may terminate these Terms of Use by discontinuing use of the Site, Content, Services, and your associated Account(s) and destroying all electronic and other copies of all related Content, including related documentation. Without limiting any other provision of these Terms of Use or the remedies available to CRX Affordable HPS, CRX Affordable HPS may immediately terminate these Terms of Use or cancel or suspend your Account(s) and access to the Site, Content, or Services in its sole and absolute discretion and for any reason including, without limitation, if you violate or otherwise fail to strictly comply with any term or provision of these Terms of Use. Upon termination of these Terms of Use for any reason, you must cease use of your Account(s), cease accessing the Site, Content, and Services, and promptly destroy all electronic and other copies of the Content, including all related documentation.

INFORMATION COLLECTION, OWNERSHIP, AND USE

Privacy
By accessing or using the Site, Content, or Services or otherwise accepting or agreeing to these Terms of Use, you fully and completely agree to the terms and conditions of the Site Privacy Policy (the “Privacy Policy”) and to any terms and conditions incorporated therein by reference. The Privacy Policy sets out how, why, and to what extent we collect and use your personal and non-personal information in connection with your access to or use of the Site, the Platform, Content, or Services. The Privacy Policy, as amended from time to time, is available at [Privacy Policy Link].
Feedback
CRX Affordable HPS welcomes your ideas, suggestions, and recommendations for Site features, functionality, and enhancements (“Feedback”). Any Feedback you provide to CRX Affordable HPS will be deemed non-confidential, and CRX Affordable HPS will be free to use such Feedback without restriction and without any compensation or obligations to you.
We take feedback very seriously. If you have any concerns regarding CRX Affordable HPS email us at [privacy@crxahps.com]. We will respond promptly to follow up.

GENERAL

Governing Law
These Terms of Use and your legal relationship with CRX Affordable HPS shall be governed by and construed by the laws of the province where the dispensing pharmacy is located, together with the federal laws of Canada applicable therein, without regard to its conflicts of laws principles. These Terms of Use shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
Waiver and Severability
The failure of CRX Affordable HPS to enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. In the event that any provision of these Terms of Use is held to be invalid or unenforceable by any court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of the Terms of Use will remain in full force and effect. All remedies of CRX Affordable HPS hereunder shall be cumulative.
Force Majeure
CRX Affordable HPS and the Pharmacy will not be liable for, or be considered to be in breach of or default under these Terms of Use on account of, any delay or failure to perform as required by these Terms of Use as a result of events beyond the reasonable control of CRX Affordable HPS or the Pharmacy, including without limiting the foregoing where the delay or failure is due to fires or fire-related hazards, explosions, power outages or interruptions, brownouts, internet service provider failure or delay, cyber-attacks, server downtime, loss of servers, earthquakes, floods, spills, epidemics, acts of God, war or acts of war, acts of terrorism, riots, strikes, lockouts or other labor or contractor actions, acts of public authorities, or delays or defaults caused by common carriers, or other similar events which cannot reasonably be foreseen or provided against.
Notices
Any notices or other communications permitted or required hereunder, including but not limited to modifications to these Terms of Use or any policy or guarantee referred to herein, will be in writing and given by CRX Affordable HPS (i) via email (in each case to the email address provided by you for your Account(s)) or (ii) by posting to the Site. A notice delivered by email will be deemed to have been received on the date such notice is transmitted. Notices to be provided to CRX Affordable HPS or the Pharmacy should be emailed to [privacy@crxahps.com].
Entire Agreement
These Terms of Use, together with the Privacy Policy and any supplemental terms and conditions referred to below, constitute the entire agreement between the parties concerning the subject matter hereof and supersede and replace any prior oral or written understandings or agreements between you and CRX Affordable HPS regarding the Site and Content and between you and the Pharmacy regarding the Products and Services.
Survival
The provisions of these Terms of Use that require or contemplate performance after the expiration or termination of these Terms of Use shall remain enforceable notwithstanding such expiration or termination.