Terms and Conditions
Thank you for applying for registration with Exactusrx.com. YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS AND CONDITIONS. By using Exactusrx.com, including www.exactusrx.com and its related subdomains, services and other sites and tools linked to exactusrx.com by Exactus, its subsidiaries and its affiliated companies (collectively, the “Site”), you agree to these Terms and Conditions regardless of whether you have read through all of the applicable terms. As used in these Terms and Conditions, “Exactus,” “we” or “us” refer to Exactus Pharmacy Solutions, Inc. WE RECOMMEND THAT YOU READ THESE TERMS AND CONDITIONS, AS THEY INCLUDE TERMS SUCH AS LIMITATION OF LIABILITY, CHOICE OF FORUM FOR DISPUTES AND OTHER PROVISIONS THAT MAY LIMIT YOUR RIGHTS.
You must accept all of the terms in these Terms and Conditions before you become a registered user of the Site. By accepting these Terms and Conditions, you agree that these Terms and Conditions will apply whenever you use the Site. If you do not agree with any of these terms, do not accept these Terms and conditions or otherwise use the Site or any information contained therein.
Age of Users. You must be 13 years or older to use the Site. If you are under the age of 18, you must have your parent’s permission to use the Site and to agree to these Terms and Conditions. Exactus may terminate these Terms and Conditions and use of the Site without notice if we, in our sole discretion, believe that you are either (i) under the age of 18 and using the Site and its services without the permission of your parent or (ii) under the age of 13.
Changes to these Terms and Conditions and/or the Site. Exactus reserves the right to make changes to these Terms and Conditions at any time by posting updated Terms and Conditions at the Site. Such changes will be effective immediately upon posting the Terms and Conditions on the Site. Accordingly, you agree to review the Terms and Conditions periodically. If any change, modification, additional provision or removal of a provision is unacceptable to you, you must immediately cease using the Site. Your continued use of the Site after any such change shall be deemed your acceptance of the then current Terms and Conditions.
Exactus may change the information, services, products and any other resources contained on or accessible through this Site, or discontinue the Site altogether, at any time and without notice.
You will receive a username and password when you have completed the Account Information and the registration process. Your username and password will be your identity for purposes of interacting with Exactus through the Site. Your username and password are for your personal use only. You agree you will not permit others, including those whose account have been suspended or terminated, to access the Site using your username or password. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. Exactus is not responsible for any unauthorized account activity using your login and password. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
Electronic Communications. When you visit the Site, you are communicating with Exactus electronically. You consent to receive communications from us electronically. Exactus will communicate with you by e-mail or by posting notices on the Site. You agree that to the extent permitted by law, all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Purchases. We make available medications for purchase through the Site. To make purchases on the Site, you must have a shipping address in the United States. We may use third-party service providers to enable e-commerce functionality on the Site. If you wish to fill and purchase any medication made available through the Site, you may be asked to supply certain information relevant to the purchase, including without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) utilized in connection with any purchase. By submitting this information to Exactus, you grant us the right to provide such information to third parties for purposes of completion of any purchase initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any purchase.
You expressly agree that Exactus is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur for purchases made through the Site (including for prescriptions you fill or refill through the Site) and these fees will be billed to your credit card on file with the Site. If you cancel your account at any time, you will not receive any refund for purchases made through the Site. If you have a balance due relating to your account, you agree that Exactus may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
Wireless Phone Policy. By providing your wireless phone number to Exactus, you expressly consent to Exactus calling you at this phone number, including phone calls through an automated system.
Intellectual Property Notice. All of the Content on the Site, such as text, graphics, logos, images, data, software and other material (collectively “Content”), is owned or licensed property of Exactus or one of its affiliate companies or by third parties and is proprietary and protected by copyright, trademark, patent, trade dress and/or other intellectual property rights. The selection, collection, arrangement, and assembly of all Content on the Site is the exclusive property of Exactus. You may not copy, reproduce, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
Exactus and its licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials that appear on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of Exactus’ or any third party’s intellectual property rights.
Copyright Complaints. Exactus respects the intellectual property rights of others. We may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, you may notify us by providing us with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work(s) believed to have been infringed;
- Identification of the Content that you claim is infringing on the copyrighted work. You must provide us with information sufficient to enable us to locate the Content on the Site such as the URL (i.e., web page address) of the location where the allegedly infringing materials are or clear screenshots of the allegedly infringing materials;
- Your address, telephone number, and email address;
- Include the following statement: “I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Our agent for notice of claims of copyright infringement on the Site can be reached by mail at:
Exactus Pharmacy Solutions
c/o Legal Department
WellCare Health Plans, Inc.
PO BOX 31386
Tampa, FL 33631-3386
Disclaimer. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOUR USE OF THE SITE AND ALL INFORMATION, CONTENT, AND SERVICES ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY EXACTUS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, EXACTUS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR NONMISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION OR COMPLETENESS OF CONTENT, OR SYSTEM INTEGRATION.
EXACTUS SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE. EXACTUS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE EXACTUS WEBSITE WILL BE AVAILABLE OR OPERATE WITHOUT INTERRUPTION OR ERROR OR IN A COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.
EXACTUS DOES NOT ENDORSE OR MAKE ANY REPRESENATATIONS OR WARRANTIES ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS SITE, OR ABOUT ANY THIRD PARTY SITES YOU MAY LINK THROUGH THE SITE, WHICH LINKS ARE PROVIDED FOR CONVENIENCE ONLY.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL EXACTUS OR ITS AFFILIATE COMPANIES OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR USE OF OR INABILITY TO USE THE SITE OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE), EVEN IF EXACTUS KNOWS THERE IS A POSSIBLITY OF SUCH DAMAGE. IN THE EVENT THAT THIS LIMITATION OF LIABILITY IS SUPERSEDED BY APPLICABLE LAW, THE MAXIMUM CUMULATIVE DAMAGES YOU MAY OBTAIN FROM EXACTUS OR ITS AFFILIATE COMPANIES OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, LICENSORS, OR SUPPLIERS SHALL BE LIMITED TO FUNDS PAID TO EXACTUS FOR YOUR USE OF THE SITE OR ONE-HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND IF YOU ARE DISSATISFIED WITH THE SITE, ITS CONTENT OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Indemnification. You agree to indemnify and hold Exactus, its affiliate companies, employees, directors, officers, agents, vendors, licensors and suppliers harmless from and against any losses, liabilities, investigations, inquiries, claims, demands, suits, damages and/or costs and expenses, including reasonable attorneys’ fees and costs for defending such claims, made by any third party arising out of or relating to your use of the Site and/or the Content, your violation of these Terms and Conditions, or your violation of any rights of another.
Prohibited Uses. By using the Site, you agree not to:
- Use any false or inaccurate information for purposes of registering as a user of the Site;
- Delete or revise any material or other information of any other user or Exactus;
- Introduce or attempt to introduce a Trojan horse, worm, virus, spider, robot, files, programs, or other malicious and/or foreign code into the Site designed to interrupt, destroy, or limit the functionality of the Site, the Content or any computer software or hardware or telecommunications equipment;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Site;
- Use the Site to collect or store personal data about others;
- Use the Site in a manner that intentionally or unintentionally violates any applicable local, state, national or international law;
- Use the Site or the Content for any commercial or pecuniary purpose;
- Use the Site in any manner that is harmful to others;
- Take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
- Allow any other person or entity to use your username or password;
- Attempt to modify, adapt, translate, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site or the Content; or
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
- Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site;
- Frame or mirror any part of the Site without Exactus’ prior written consent; or
- Create a database by systematically downloading and storing Site content.
You shall not violate or attempt to violate the security of the Site including, but not limited to, actions such as:
- Accessing data not intended for you or logging into a server or account that you are not authorized to access;
- Accessing the Site by any means other than through the interface that is provided by us for use in accessing the Site;
- Using the Site for unintended purposes or trying to change the behavior of the Site;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host or network including, but not limited to, by way of submitting a virus to , or overloading, “flooding,” “spamming,” “mailbombing” or “crashing”;
- Forging communications on behalf of the Site (impersonating the Exactus website) or to the Site (impersonating another user); or
Taking any action that may otherwise harm, disrupt or overburden the Site.
This list of prohibitions provide examples and is not complete or exclusive. Exactus reserves the right to (a) terminate your access to your account with or without cause and with or without notice, for any reason or no reason, or for any action that Exactus determines is inappropriate or disruptive to this Site or to any other user of this Site. Violations of system or network security may result in civil or criminal liability. Exactus reserves the right to investigate occurrences which may involve such violations and may involve and/or report any such suspected, reported or actual violations to law enforcement and may cooperate with law enforcement authorities in prosecuting users who have participated in such violations.
Exactus also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or government request.
Termination. We reserve the right, without notice to you and in our sole discretion, to terminate your account or your use of the Site, and to block or prevent future access to and use of the Site if you violate any of the Terms and Conditions. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice and that we may immediately deactivate your username and password. You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms and Conditions which are by their nature intended to survive termination, all representations and warranties, limitation of liabilities, and all indemnities shall survive such termination.
You further agree that Exactus may in its sole discretion and at any time discontinue all or part of the Site without prior notice to you.
JURY WAIVER. TO THE EXTENT NOT OTEHRWISE PROHIBITED BY APPLICABLE LAW, YOU AND EXACTUS AGREE TO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THESE TERMS AND CONDITIONS OR THE SITE.
General Terms. BY ACCESSING AND USING THE SITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF FLORIDA. The laws of the State of Florida, without regard to any conflict of law provisions, govern all matters arising out of or related to these Terms and Conditions. You agree to the personal and exclusive jurisdiction of the courts located within the State of Florida and agree that the exclusive forum and venue for any legal action arising out of or related to these Terms and Conditions shall be the United States District Court for the Middle District of Florida. If neither subject matter nor diversity jurisdiction exists in the United States District Court for the Middle District of Florida, then the exclusive forum and venue for any such action shall be the courts of the State of Florida located in Hillsborough County.
Where permitted by law, you and Exactus agree that any cause of action arising out of or related to these Terms and Conditions or this Site must be commenced within one (1) year after the cause of action accrues. Otherwise, such action is permanently barred.
These Terms and Conditions are the entire agreement between you and Exactus relating to or arising out of your use of the Site and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Exactus relating to this Site or these Terms and Conditions. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms and Conditions.
The failure to exercise or enforce, the partial exercise or enforcement, or a delay in exercising or enforcing any right or provision of these Terms and Conditions shall not operate as a waiver or estoppel of any right, remedy or condition.
Should any part of these Terms and Conditions be declared invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent possible and the validity, legality and enforceability of the remaining provisions will not be affected or impaired.
Contact Us. If you have any questions about the Terms and Conditions or otherwise need to contact Exactus for any reason, you can reach us at 1-877-232-0930.