Agreement to Terms of Use
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
This is a legally binding agreement. Please read these terms and conditions carefully.
The following are the Terms of Use provided by Prestige Health Solutions, LLC (“PHS”, “The Company”). By accessing and/or using the PHS website, you acknowledge your agreement to be bound by the terms and conditions of this agreement. If you do not agree, do not access or use the PHS website. PHS reserves the right to edit or modify, in any manner deemed appropriate by management, any parts of the Terms of Use. In continuing to utilize any of the PHS services should any changes be made, you accept and agree to any such changes. PHS builds, owns, and operates Platforms (“Platforms”, “Services”, “Technology”) that are licensed under the names: “SwyftCare”, “SwyftScripts”, “SwyftVax”. All terms of use and privacy policies shall apply to all PHS Platforms.
The Platforms are not intended to be a substitute for professional medical advice, diagnosis, or treatment, and the information in the Platform may not be complete or accurate. Always seek the advice of your pharmacist, physician, or other qualified health care provider with any questions you may have regarding a health condition. Never disregard professional medical advice or delay in seeking it because of something you have seen in the Platform
As long as you comply with the Terms of Use, PHS hereby grants to you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Platforms only as specifically set forth in this agreement and only for the services made available through the platform. The Company reserves for itself and its licensors any rights not expressly granted in this agreement.
Privacy
Please review our Privacy Policy here, which is supplemental to this Terms of Use agreement and applies to all PHS Services.
Content
Content (“Content”) in this context will refer to all software, information/data, graphics, text, and any other material contained on PHS. Content displayed or utilized is owned by, controlled by, or licensed by/to PHS; any and all Content is protected by copyright, patent and trademark law, trade dress, trade secret, and various other intellectual property rights and unfair competition laws.
Except as expressly described in these Terms of Use, no part of PHS Service or Content may be copied, edited, reproduced, republished, posted, publicly displayed, translated, encoded, mirrored, transmitted or distributed in any way to any other computer, server, site, or medium of any kind for publication or distribution or for any other commercial purpose without PHS’ express written consent in advance.
No party shall edit, modify, remove, add to, delete, publish, transmit, or participate in any form to the transfer, reverse engineering, or sale of any derived works of the Content. Any exploitation or reproductive effort of The Content is expressly prohibited. In the event that no specific restriction is displayed, copies of select portions of The Content may be made for personal and non-commercial use with the requirements that: (a) no alterations or modifications are made in the process, (b) any notices pertaining and contained are displayed, and (c) all copyright notices, trademark legends, and applicable property/proprietary rights are displayed.
You acknowledge and agree that you do not acquire any ownership rights to the Platform through this agreement or by your use of the Platform. PHS and/or its licensors have and retain exclusive, valid, and non-contestable ownership of the Platform and all intellectual property and proprietary rights therein. You acknowledge that you may suggest improvements and/or communicate to PHS ideas, inventions, discoveries, or concepts (“Ideas”) during the term of this agreement and that you and The Company may discover or create the Ideas jointly, and you agree that any such Idea shall be and remain solely the property of The Company and/or its licensors and may be used and sold, licensed, or otherwise provided by The Company and/or its licensors to third parties, or published or otherwise publicly disclosed, in The Company’s and/or its licensors’ sole discretion without notice, attribution, payment of royalties, or liability to you. You hereby assign to The Company any and all of your right, title, and interest in and to any such Ideas.
Health-Specific Content
Any health-specific or health-related content (“Health-Specific Content”) displayed on PHS technologies is intended for general use and should not be interpreted as specific medical direction or instruction for any patient(s). Any medical questions should be directed to your physician and for emergencies, please dial 911. No Content or Health-Specific Content is intended to substitute, modify, or in any way alter physician consultation. Health-Specific Content is for reference only and should not be interpreted as treatment for any specific medical condition. PHS encourages all patients to refer to a licensed healthcare provider for any medical advice or directions. PHS Services and any Health-Specific Content shall not be interpreted as the rendering of practice of medicine or medical advice of any sort. Information provided should be discussed with a licensed healthcare professional. PHS does not write any prescriptions; PHS only acts as a technology service that provides facilitation of medical services through connecting your physician’s order with a nearby pharmacy and provides delivery services as well. Please make sure to check product information and dosage information before use, including precautions, warnings, possible side effects, interactions, and contraindications before administering or using any prescription medication, devices, vitamins, supplements, or herbal remedies discussed.
By using PHS Service, you understand and agree that in PHS will not be liable in any event for any action or decision that is an outcome of reliance on information presented through the PHS Service. Reliance on any information, decisions made, or actions taken are solely at your own risk.
Please refer to your health care provider for any individual health-related needs, as there are many variables in the proper treatment of health conditions; you should always consult a healthcare provider before making any lifestyle changes or health-related changes to your regime.
If you are experiencing a medical emergency, please call 911 or contact your local emergency service provider immediately.
E-Communications
When you use PHS, you communicate with us electronically. This also refers to e-mails and chats with our team. We communicate in return via email, call/text, chat, or any other form of e-communication we deem appropriate. By using our Services, you consent to receive e-communications and agree that all agreements, notifications, disclosures, and communications of any kind that we provide electronically satisfy any legal requirement that such communications be in writing. By providing your contact information, you authorize PHS to contact you in any form designated by PHS.
Telephonic Communication
As part of these terms, you hereby accept to waive telephonic communication requirements and permit PHS to contact you via any means deemed appropriate by PHS, including text, mobile app communication, email, chat, or phone call when necessary and without prior consent. You can contact us with any questions at (888)799-3879 or via email at admin@prestigehealthsolutions.net
Links to Third-Party Site
PHS may contain links to third-part websites outside of the Prestige Health Solutions umbrella, which are not controlled by our team. We bear no responsibility for these sites, nor for their contents and resources or for those of any other third-party web sites.
User Conduct
In accepting the Terms of Use, you agree to provide accurate and current information and to maintain the accuracy of this information and update it when applicable. It is the User’s responsibility to maintain the accuracy of personal information and to update that information in the event it is no longer accurate. You agree to conduct yourself honestly and with integrity. Furthermore, you agree not to interrupt or attempt to interrupt the PHS operations in any way. You agree not to attempt to interrupt another person’s use of PHS services in any way. Any conduct of dishonesty, fraudulent use, illegal activities, hacking or attempt at hacking, or other disruptive activities are strictly prohibited. You may not utilize the PHS Services for any purposes that can be interpreted as unlawful or prohibited by law or by the Terms of Use, or to solicit the performance of any illegal activity or activity which infringes the rights of The Company or any other entity. You may not do any of the following: (i) rent, lease, resell, assign, or otherwise transfer rights or access to the Platform; (ii) distribute, copy, reproduce, display, republish, or transmit any portion of the Platform; (iii) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based upon the Platform or any software or programming related thereto; (iv) “frame” or “mirror” any portion of the Platform; (v) use any robot, spider, other automatic device, or manual process, to “screen scrape,” monitor, “mine,” or copy any portion of the Platform; (vi) use any device, software, methodology, or routine to interfere with the proper working of the Platform or servers or networks connected to the Platform; (vii) access data of which you are not an intended recipient or log into a server or account on a network related to the Platform that you are not expressly authorized to access; (viii) harvest or collect information about other users; (ix) restrict or inhibit any other person from using the Platform, including by means of “hacking” or defacing any portion of the Platform; or (x) attempt to do, or assist anyone else with doing or attempting, any of the foregoing.
Any content or action that can be interpreted as unlawful, harmful, derogatory, threatening, harassing, vulgar, sexually explicit, racially/ethnically offensive, is strictly prohibited. Any conduct or material that constitutes a criminal act or offense, give rise to civil liability, or otherwise violate any local, state, federal, or international law is strictly prohibited. Any method, device, algorithm, program, or process intended to access, acquire, duplicate, reverse engineer, reproduce, or circumvent the structure of PHS or any of It’s Content is strictly prohibited including, but not limited to: “malware”, “spybots”, “robots”, “bots”, deep-links”, “page-scrapes”, “mining tools”. Any means of attempt to acquire, duplicate, retrieve, edit, or modify any materials or information not purposely made available through PHS is strictly prohibited.
User Account and Security
Most services offered through PHS require the creation of a User Account, consisting of a username, password, and demographic data. You are responsible for the confidentiality of your personal information and the information needed to access your PHS account, including your username and password. You are solely responsible for all activities that occur in connection with your account. You agree to notify PHS immediately of any breach of your account or if you suspect unauthorized use of your account. You further agree that you will not permit others to access PHS using your account. PHS is not responsible nor liable for any loss or damage arising from your failure to comply with the terms and obligations herein described.
Account Use
In full compliance with the Terms of Use, you are granted limited access to the PHS Services and Technologies. You agree to use your account responsibly and honestly and you agree to refrain from any illegal activities, or any activities prohibited by The Terms of Use. If you are found to provide false, incomplete, or inaccurate information, or if PHS has reason to believe that any information provided is inaccurate, we reserve the right to suspend or terminate your account without notice. Furthermore, we reserve the right to refuse services temporarily or permanently and ban you from access to PHS Services. As such, you acknowledge and agree that we may immediately deactivate or delete your account and all related/associated information and bar any further access to the information associated with your account. You also agree that PHS shall not be held liable to you or to any other party in connection with the termination of your account/access to PHS Services. By using our services, you are in agreement with and acknowledge that internet transmissions are vulnerable to privacy/security risks; as such, any message or information that you send to/through our Services may be at risk of interception, even in events of encryption. We take privacy very seriously and do all that is in our power to protect your information. For more information on Privacy, please refer to our Privacy Policy.
Disclaimers
PHS PROVIDES NO PROMISE OR GUARANTEE OF ANY OUTCOME, SERVICE, OR FEATURE BEIING ERROR-FREE OR UNINTERRUPTED. PHS PLACES HIGH EMPHASIS ON THE CUSTOMER EXPERIENCE AND AIMS TO RECTIFY ANY ISSUES AND IMPROVE ANY AREAS NEEDING IMPROVEMENT BUT DOES NOT GUARANTEE THAT ANY DEFECTS/ISSUES WILL BE CORRECTED. PHS SERVICES AND CONTENT ARE PROVIDED “AS-IS” AND “AS-AVAILABLE” WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND. PHS DOES NOT GUARANTEE THAT ANY FILES, DATA, OR CONTENT WILL BE FREE OF DEFECTS, CONTAMINATION, OR DESTRUCTIVE FEATURES. PHS DISCLAIMS ANY/ALL EXPRESSED OR IMPLED REPRESENTATIONS AND/OR WARRANTIES REGARDING SERVICES, PRODUCTS, RESOURCES, OR ANY OTHER INFORMATION AVAILABLE/ACCESSIBLE VIA THE PHS TECHNOLOGIES. THIS INCLUDES ANY WARRANTIES OR REPRESENTATIONS OF TITLE, ACCURACY, NON-INFRINGEMENT, COMMERCIALLY ACCEPTABLE QUALITY, AND APPROPRIATENESS FOR A SPECIFIC PURPOSE/OUTCOME. PHS DISCLAIMS ANY/ALL LIABILITY FOR ACTS, CONDUCT, OMISSIONS, OR BEHAVIORS OF ANY THIRD-PARTY ENTITIES IN CONNECTION WITH OR RELATING TO YOUR USE OF THE PHS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND TECHNOLOGIES AND ANY LINKED SITES/SERVICES/PRODUCTS/INFORMATION. YOU HEREBY AGREE AND ACCEPT THAT YOUR SOLE REMEDY AGAINST PHS FOR DISSATISFACTION WITH THESE TERMS OR THE SERVICES OR THE EXPERIENCE OFFERED THROUGH THE SERVICES IS TO REFRAIN FROM USING THE SERVICES, TECHNOLOGIES, OR ANY CONTENT.
The above disclaimers apply to any damages, injuries, or liability of any nature caused by any performance failures, defects, errors, interruption, omission, delay, deletion, communication failure, virus, theft, destruction, unauthorized access, negligence, tort or any other cause of action. PHS reserves the right to, at any time and without notice, suspend/terminate access to PHS Services, modify PHS Services (including terms and policies), or temporarily discontinue PHS Services as deemed necessary to conduct quality assurance tests, maintenance (routine or otherwise), correct errors, or any other changes as needed.
Limitations of Liability
PHS WILL IN NO EVENT BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, DERIVATIVE, OR CONSEQUENTIAL DAMAGES THAT STEM AS A RESULT OF THE USE OR INABILITY TO USE THE PHS SERVICES, THE COST OF PROCUREMENT OF ALTERNATIVE GOODS/SERVICES RESULTING FROM ANY INFORMATION OR SERVICES PURCHASED/OBTAINED, MESSAGES TRANSMITTED, OR AGREEMENTS/TRANSACTIONS ENTERED INTO VIA PHS SERVICES, INCLUDING FOR LOSS OF PROFIT, GOOD WILL, OR ANY OTHER INTANGIBLE LOSSES THAT RESULT. FURTHERMORE, YOU AGREE THAT PHS WILL NOT BE HELD LIABLE FOR UNAUTHORIZED ACCESS, ALTERATION OF INFORMATION OR DATA, OR LEAKAGE OF INFORMATION RESULTING FROM THE USE OF THE SERVICES. PHS IS NOT LIABLE FOR CONDUCT OF ANY THIRD-PARTIES OR ANY OTHER MATTER RELATING TO THE PHS SERVICES, REGARDLESS OF CONTRACT, NEGLIGENCE, OR OTHER ACTION EVEN IN THE EVENT OF BEING AWARE OF POSSIBILITY OF ANY SUCH DAMAGES.
If, not withstanding the other provisions of these Terms of Use, PHS is found to be liable to you, any liability on behalf of PHS shall not exceed the fees paid by the end-user for the services/information provided.
Indemnification
You agree to indemnify and hold harmless PHS, its officers, directors, shareholders, affiliates, partners, subsidiaries, employees, agents, and other representatives from any liability, loss, damages, claims, and any other expenses made against PHS by any entity in connection with, pertaining to, or as a result of your use of the PHS Services or any violations on your part of these Terms of Use.
Dispute Resolution
In the event that any part of the Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not affect or alter any other provisions of these Terms of Use; the Terms of Use remain in full effect. You accept and agree that all matters and disputes relating to the PHS Services (and your use or access to the Services) will be governed by the laws of The State of Texas. You agree to the personal jurisdiction by the state and federal courts for Harris County, Texas and waive any objection to such jurisdiction or venue. Any claim pertaining to these Terms of Use must be raised within one (1) year after the cause arises, or such claim/cause is barred. Any dispute between you and PHS relating to your use/access to the Services, shall be promptly and in good faith addressed with the intention of resolution. If resolution fails within a reasonable time (not to exceed thirty (30) days), then either party may pursue mediation. If mediation fails, then the parties shall be free to pursue any remedy/resolution available as is their right under applicable law.
Any disputes can be directed to one of our agents by phone at (888)799-3879 or email at admin@prestigehealthsolutions.net
General Information
PHS may, at its sole discretion, elect to disclose any Content, records, information, data, or communications to improve it’s services and operations, satisfy legal requirements, or protect our rights or property or rights of users or other affiliates. We are not responsible for screening or monitoring any such Content. If notifies of any alleged illegal, offensive, or infringing content, we will investigate internally and determine at our sole discretion whether action is warranted and with or without notification. Nothing herein shall be interpreted as a waiver of any provision or right. These Terms of Use, in conjunction with our Privacy Policy, constitute the entire agreement between you and PHS governing your use of the PHS Services.
Questions & Additional Information
If you have any questions or would like any additional information, please feel free to reach out to us at the following:
Email: admin@prestigehealthsolutions.net
Phone: (888)799-3879
Mailing Address: P.O Box 841151 Houston, TX 77284
The information contained in this web site is subject to change without notice. Copyright 2019-2021 Prestige Health Solutions, LLC. All Rights Reserved.