Terms & Conditions

Welcome to The EPIC Web site (the “Site”). EPIC makes its Site available subject to the following Terms and Conditions of Use Agreement (hereinafter, the “Agreement”). Please read this Agreement carefully before accessing or using the Site. By accessing or using the Site, you agree to be legally bound by the Terms and Conditions below. IF YOU DO NOT WISH TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SITE.

EPIC reserves the right to modify this Agreement at any time. Any modifications will become effective immediately upon posting to the Site. You agree that it is your responsibility to review the Agreement periodically to be aware of such modifications, as your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Agreement.

ELIGIBILITY

EPIC makes the Site available only to businesses and individuals who can enter into legally binding contracts under applicable law, and for legitimate purposes as further limited below. The Site is not intended for use by minors. If you do not meet the foregoing requirements, you may not access or use the Site or any of the services on or through the Site.

BUSINESS DESCRIPTION

Consumer Services. The Site offers to both EPIC pharmacy affiliates (“Members”) and non-members alike a wide array of information relating to the pharmaceutical industry and general health matters. You will also be able to search for EPIC pharmacies through our EPIC Pharmacy Locator and obtain information about various store promotions.

Member Services. Registration is required to access the Member Services section of the Site. In the Member Services section, we provide electronic access to our third party claims reconciliation database. Members will be able to access third-party payment information in various ways, including, by dates paid, insurance companies, date ranges and Rx numbers. The Reconciliation report provides information about claims that are outstanding for 45 days or more, and those claims that have not been paid in the amount promised by the insurance companies.

EPIC also makes available to its Members various informational catalogues such as the EPIC Pharmacies Catalog which contains information about products and associated discounts offered by EPIC vendors. The EPIC Pharmacy Network group of catalogs includes informational catalogues on claim submission guidelines, dispense-as-written codes and third-party, on-hand information.

INTELLECTUAL PROPERTY

All content, HTML or other code, pages, graphics, software and all other materials associated or within the Site (the “Content”), including, the compilation of the Content and the “look and feel” of the Site (for example, color combinations, button shapes, layout, and all other graphical and navigational elements used in the Site) are the property of EPIC, and protected by copyright laws. No portion of the Content may be reproduced, distributed, sold, resold, or otherwise exploited for any purpose and in any form without the express written permission of EPIC.

“EPICRx” and EPIC are trademarks of EPIC Pharmacies, Inc. These trademarks may not be used for any purpose, including the placement into your HTML documents or Web pages for the purpose of creating a hypertext link to the Site without the express written permission of EPIC.

MODIFICATION OR TERMINATION OF SITE

EPIC shall have the right to terminate the Site and to discontinue, suspend or modify the Site or any of the information contained in or any of the services provided via the Site, at any time, with or without notice, at its sole discretion. You agree that EPIC shall not be liable to you or to any third party for doing so. In addition, EPIC may, in its sole discretion, refuse to accept an application for an account and/or refuse or restrict its services to anyone at any time.

USERNAME AND USER PASSWORD

In order to access the Member Services portion of the Site, you will be asked to provide your username and password. You are solely responsible for maintaining the confidentiality and security of your password and are solely responsible for all uses of your username and password on the Site. You agree to notify EPIC immediately of any unauthorized use of your username and password.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL EPIC BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE SITE (OR ANY PART THEREOF INCLUDING ANY ASSOCIATED SERVICES OR MATERIALS), (ii) ANY DELAY OR INABILITY TO USE THE SITE (OR ANY PART THEREOF), OR FOR ANY MATERIALS, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND/OR LINKS ASSOCIATED WITH OR INCLUDED IN THE SITE, (iii) THE INTERNET GENERALLY OR ON ANY OTHER BASIS (REGARDLESS OF WHETHER ANY OF THE FOREGOING IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF EPIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF ANY OF THE FOREGOING LIMITATIONS OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN EPIC’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO A MAXIMUM TOTAL OF $200.00.

LINKS TO OTHER SITES

The Site contains hypertext links to third party Web sites. These links are provided solely as a convenience to you and are not meant to constitute an endorsement by EPIC of the contents on such third-party Web sites. EPIC is not responsible for the content of linked third-party sites and expressly disclaims all liability for, damages of any kind arising out of or relating to any use, reference to, or reliance on such content.