Important: Read this agreement before using the e-pill(sm) pager medical reminder service (the "Service"). Your use of the Service, or transmitted service order ("order form"), indicates your acceptance of all the following terms. If this agreement is unacceptable to you, do not use the Service. e-pill, LLC is willing to provide you the Service only if you agree to be bound by the following terms.: SERVICE AND PRODUCTS AGREEMENT Important: Read this agreement before using the e-pill™ pager medical reminder service (the "Service") or ordering any of our products (the "Products"). Your use of the Service, the Products, or transmitted Service or Products order ("order form"), indicates your acceptance of all the following terms and conditions. If this Service and Products Agreement (the “Agreement”) is unacceptable to you, do not use the Service or Products. e-pill, LLC is willing to provide you the Service and Products only if you agree to be bound by the following terms: 1. e-pill, LLC will refund up to one month's service fees (exclusive of any pager rental or pager service cost) if you are dissatisfied with the Service for any reason. This policy does not constitute a warranty of services provided by e-pill, LLC. e-pill, LLC will make every reasonable effort to provide reminders which are accurate and timely, but cannot guarantee their accuracy and timeliness. The Service is only a reminder service which relies on wireless line-of-sight paging transmissions that intermittently can be blocked by buildings or other obstructions, or can be interrupted due to failure of the Paging Company with which the patient contracts for the paging service. 2. Information about your prescription drug regimens of named drugs, amount and frequency of use, and repeating medical regimens such as self-tests (collectively, the “Information”), was given to e-pill, LLC by you or by your doctor, pharmacist or caregiver ("Information Providers"), and e-pill, LLC assumes that these sources are reliable. The accuracy, efficacy, completeness, timeliness or correct sequencing of this Information is not guaranteed by e-pill, LLC, or any parties transmitting (including the Paging Company) or processing the Information ("Information Processors"). (e-pill, LLC, Paging Company, Information Providers and Information Processors sometimes are described collectively in this Agreement as the "Disseminating Parties"). There may be delays, omissions or inaccuracies in the Information. No Disseminating Party will be liable in any way to you or to any other person for (a) any inaccuracy, error, or delay in, or omission of, any Information, or the transmission or delivery of any such Information, or (b) any loss or damage arising from, or occasioned by, (i) any such inaccuracy, error, delay or omission, (ii) nonperformance or (iii) interruption in any such Information, due to "force majeure" event, including, but not limited to, any flood, extraordinary weather conditions, earthquake or other acts of god, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, electronic or power failure, telephone or other interconnect problems, unauthorized access, theft, operator errors, or equipment or software malfunction, or any other cause beyond the reasonable control of the Disseminating Parties. 3. E-PILL, LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED (BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE, AND FURTHER INCLUDING ANY REPRESENTATION OR WARRANTY RELATING TO THE PERFORMANCE, QUALITY OR FITNESS FOR PURPOSE OF THE SERVICE OR ANY PRODUCTS, ALL OF WHICH HEREBY ARE EXCLUDED. 4. E-PILL, LLC SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR OTHER SIMILAR LOSS OR DAMAGES FOR ANY MATTER ARISING UNDER OR RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, HEALTH PROBLEMS AND COSTS, DAMAGES AND EXPENSES SUFFERED BY YOU THAT RESULT FROM E-PILL, LLC’S BREACH OF ITS CONTRACTUAL OBLIGATIONS OR ANY DEFECT IN ANY PRODUCT OR SERVICE, BY ANY TORTIOUS OR NEGLIGENT ACT OR OMMISSION OF E-PILL, LLC, OR INCONVENIENCE, DELAY OR LOSS OF THE USE OF ANY SERVICE OR PRODUCT DUE TO ANY TECHNICAL MALFUNCTION OR LOSS OF COMMUNICATIONS, POWER OR INFORMATION AS DESCRIBED IN PARAGRAPH 2 ABOVE, EVEN IF E-PILL, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SAME. YOU AGREE THAT THE LIABILITY OF E-PILL, LLC ARISING OUT OF ANY KIND OF CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICE, THE PRODUCTS OR THE INFORMATION, WILL NOT EXCEED THE AMOUNT CHARGED FOR RECEIVING THE SERVICE OR PRODUCT. 5. In certain states, the foregoing disclaimers and limitations of remedies may not be enforceable as they pertain to personal injury or particular products or matters. In such states, to the extent the disclaimers and limitations are unenforceable, they shall not apply to you. 6. You acknowledge that the Service does not supply medical advice, and that the intention of the Service does not extend beyond delivery of the Information provided by authorized Information Providers to the end user. 7. You agree to notify e-pill, LLC if you become aware of any of the following: (a) any loss, theft or damage to the paging device assigned to you, or (b) any unauthorized use of the paging device assigned to you, or of the Service, the Products or any Information. 8. You agree to indemnify and hold harmless the Disseminating Parties from and against any and all claims, losses, liabilities, costs and expenses (including but not limited to attorneys' fees) arising from your violation of this Agreement or any third party's rights. 9. e-pill, LLC reserves the right to terminate your access to the Service or any portion of it at our sole discretion, without notice and without limitation, for any reason whatsoever, including but not limited to the unauthorized use of your assigned paging device or the Information, breach of this Agreement, discontinuance of the Service or Products, the continuation of any force majeure event, or loss of access to any Information from any of the Information Providers. In the event of termination, the Information Processors and Paging Company shall have no liability to you; provided, however, that if the termination is without cause, e-pill, LLC shall refund the pro rata portion of any fee which may not have been paid by you for the portion of the Service not furnished to you as of the date of such termination. 10. You agree that you are making this Agreement in your own capacity and not on behalf of a firm, corporation, partnership, trust or association. 11. You acknowledge that, in providing you with the Service or Products, e-pill, LLC has relied upon your agreement to be bound by the terms of this Agreement. You further acknowledge that this Agreement constitutes the complete statement of your agreement and understanding. This Agreement supersedes any other contemporaneous or prior promises, representations, descriptions or communications regarding the Service, the Products or the Information, even if it were contained in materials provided by e-pill, LLC. This Agreement may be modified only in writing, but if e-pill, LLC sends you written notice of the modification, your use of the Service after receiving such notice will indicate your acceptance of the modification. If any provision of this Agreement is invalid or unenforceable under applicable laws, such provision shall be reformed and construed so as to be enforceable to the maximum extent permitted under applicable law, and to the extent that it may not be so reformed, it shall be deemed omitted and the remaining provisions will continue in full force and effect. This Agreement and performance hereunder will be governed by and construed in accordance with the laws (other than conflict of law rules) of The Commonwealth of Massachusetts, as applied to agreements entered into in Massachusetts, no matter where you might legally reside. 12. The terms and conditions of Sections 2, 3, 4, 5, 6 and 8 of this Agreement shall survive any termination of this Agreement. |
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Submission of this form means you agree to all the terms and conditions of the e-pill pager medical reminder service agreement. Please mail or fax form to:
49 Walnut Street Bldg 4, Wellesley, MA 02481-2108 Service and Order: (781) 239-2941 (Call if you have any questions/problems, we are here to help!) Fax (781) 235-3252 | e-mail address: sales@epill.com http://www.epill.com
CUSTOMER INFORMATION:
DATE SUBMITTED: _______________
SIGNATURE (required): ________________________________ TELEPHONE: HOME: ________________________________
WORK: ________________________________ MY PAGER: Alphanumeric , Numeric , PCS , MessageWatch , Beepwear ( circle one )
PAGING SERVICE (Company name): _________________________________
PAGER I.D.(Cap Code or ID Code): ________________________________
PAGER DIAL-UP 800# ("modem number"): ____________________________
Maximum Characters Displayed(for ALPHA PAGERS only): ________
For ALPHA PAGERS:
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 Contact us via e-mail | e-pill on FaceBook | Privacy ©Copyright e-pill, LLC 1997-99, 2000, 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12 e-pill®, ePill®, CADEX®, HIProtector®, PuffMinder®, Medical Snooze™, Patient Compliance Dashboard™ and e-pill pager medical reminder™ are trade and service marks, reach us at http://www.epill.com or http://www.HIProtector.com or (800) 549-0095 or (781) 239-2941. We accept: American Express AMEX, VISA, MasterCard, Discover, Diner's Club and PayPal.
e-pill, LLC | 49 Walnut Street, Bldg. 4 | Wellesley, MA 02481, USA www.epill.com | 1-800-549-0095 | +1 (781) 239-2941 | fax + 1 (781) 235-3252 This Web site (www.epill.com) is maintained by GigaNano - BioMedical Consultants Copyright © 1997-2011 e-pill, LLC. |