Terms of Use

AmeriPharm, Inc., dba MedVantx Pharmacy Services Terms of Use Agreement

MedVantx Pharmacy Services (“MedVantx”) welcomes you. The following Terms of Use Agreement (these “Terms of Use” or the "Agreement") is a binding legal agreement that governs your use of the Pfizer Direct website, administered by MedVantx, available at [PfizerDirect.MedvantxRX.com] (the "Services"). References to "you" and "your" refer to any individual or entity uses or accesses the Services.

For your ease and convenience, we make this notice available from every page of this website, identified as "Terms of Use" with a link to this notice.

PLEASE READ THESE TERMS OF USE CAREFULLY AS WELL AS THE PRIVACY POLICY FOR THE SERVICES, WHICH IS INCORPORATED HEREIN BY REFERENCE, BEFORE USING THE SERVICES. By clicking the button marked [“I agree”] or by using the Services or any content therein, including linking to the Services, you agree to comply with the Terms of Use. If you do not agree, please exit and disregard the information contained herein.

Please note: These Terms of Use form a legally binding contract between you and MedVantx. By using the Services, you represent that you are at least 18 years of age. You agree that you are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Use, and to abide and comply with these Terms of Use. You may not access or use the Services if you are unable to form a legal binding agreement with MedVantx.

Pfizer Direct Program Terms

How It Works:

The Pfizer Direct program (“Pfizer Direct”) provides a convenient and discreet way to get brand name VIAGRA delivered to your home. MedVantx, Pfizer’s mail order pharmacy partner administering Pfizer Direct, will process your order upon receipt of your valid prescription and completion of your registration.

When placing your brand-name medication order through the Services, you will pay a per tablet price. Pfizer Direct does not accept health insurance, so you will pay this price regardless of whether you have insurance or not.

Eligibility Requirements:

  • You must be 18 or older to participate in Pfizer Direct and to use the Services.
  • With the exception of Massachusetts, Pfizer Direct only operates in the United States and Puerto Rico; the Services are not available in Massachusetts or where restricted or prohibited by law.
  • Pfizer Direct will not process prescriptions that are eligible to be reimbursed, in whole or in part, by Medicaid, Medicare, Tricare or other federal or state healthcare programs (including any state prescription drug assistance programs) and the Government Health Insurance Plan available in Puerto Rico (formerly known as "La Reforma de Salud").
  • Residents of Massachusetts are not eligible to participate in Pfizer Direct or to use the Services.
  • Pfizer Direct is not insurance.
  • Pfizer Direct is intended for patients who want to purchase certain brand name Pfizer Inc. ("Pfizer") products as made available through the Services. No insurance benefits will be used in conjunction with this program.
  • As a participant in Pfizer Direct and by placing an order through the Services, you agree to be dispensed brand name Pfizer products, not generic equivalents. Lower-cost generic equivalents may be available through other means.
  • You must have a valid physical mailing address in the United States (with the exception of Massachusetts) or Puerto Rico to participate in Pfizer Direct and place orders through the Services.
  • Pfizer Direct does not include all Pfizer products. Pfizer Direct will only offer certain Pfizer products that are included in the program. Pfizer products associated with Pfizer Direct will not be dispensed without a valid prescription written by a licensed Health Care Provider in the United States.
  • Pfizer Direct will not honor prescriptions that are not part of the Pfizer Direct program.
  • Pfizer Direct cannot be combined with any other rebate/coupon, free trial, or similar offer for the specified prescription.
  • Pfizer Direct requires a valid method of payment, credit or debit card, at time of product shipment. Checks or cash are not acceptable means of payment.
  • Pfizer Direct is only offered through our pharmacy distribution partner MedVantx, a full service pharmacy serving patients in all 50 states and Puerto Rico.

    AmeriPharm, Inc., dba as MedVantx Pharmacy Services
    P.O. Box 5736
    Sioux Falls, SD 57117-5736

    NCPDP/NABP Number = 4351968
    NPI Number = 1073692745
    Phone # = 877-655-1400
  • All Pfizer Direct participants must have a valid email address that is the participant's own email and not a shared email account.
  • Pfizer Direct reserves the right to rescind, revoke or amend this offer at any time without notice.
  • There are no membership fees for being a member of Pfizer Direct.
  • You may cancel your participation in Pfizer Direct at any time by calling 877-655-1400.
  • Program expires December 31, 2019.
  • Depending on your state of residence, you may need to discuss your prescription with your provider and/or pharmacist in order to ensure that you are prescribed brand name Pfizer products (not generic equivalents) before you can participate in Pfizer Direct.
  • The amount of prescription medication that may be dispensed to you in a given period of time may be limited by applicable law.

Revisions

You agree to check this website periodically for new information and terms that govern your use of the Services. MedVantx reserves the right to modify the Terms of Use at any time with or without notice to you. New Terms of Use are effective immediately upon posting on the website or through your continued use of the services offered therein. MedVantx may, at its sole discretion, and at any time, discontinue the website or the services offered therein, or any part thereof, with or without notice to you, or may prevent your use of the Services with or without notice to you.

Ownership of Website and Content

The Services and all content and other information provided by MedVantx, its affiliates, employees, agents, representatives, licensors, or other third party partners (including Pfizer) through or in connection with the Services (“MedVantx Information”) are the property of MedVantx or its licensors or other third party partners, as the case may be, and are protected by appropriate trademark, copyright, trade secret or other related laws both in the United States and internationally. You must abide by all copyright notices, information, or restrictions contained in or attached to the Services. The names, logos, and materials displayed in the Services constitute trademarks, trade names, service marks or logos (collectively, “Trademarks”) owned by or licensed to Medvantx, its affiliates, subsidiaries, or related companies. Ownership of all Trademarks and the goodwill associated therewith remains with Medvantx or its licensor, as the case may be. Subject to your compliance with this Agreement, Medvantx grants you a non-exclusive, non-transferable, non-assignable license (without the right to sublicense), solely for your personal, non-commercial use, to access, use and display the Services.

Obligations

You are required to comply with all applicable laws in connection with your use of the Services, and such further limitations as may be set forth in any written or on-screen notice from MedVantx. As a condition of your use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by this Agreement.

Privacy Policy

You agree and consent to the terms of our Privacy Policy, which is incorporated herein by reference. You should review the Privacy Policy, available here [Privacy Policy].

No Professional Advice

Any information supplied through the Services is for informational purposes or general guidance only, and does not constitute medical, legal, or other professional advice. Health-related information provided through the Services is not a substitute for medical advice and it is important that you not make medical decisions without first consulting your personal physician or other healthcare professional. The receipt of any questions or feedback you submit to MedVantx through the Services does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy.

Links

The Services may contain links to other sites, offering other services ("Linked Services"). You will see Linked Services marked by the following message: "By selecting this link, you will be leaving the Pfizer Direct website and linking to another website, which may be governed by a separate and different Terms of Use and Privacy Policy." MedVantx takes no responsibility for your use of any third party service and has no control over how those services are offered, administered or operated. Any such use of non-MedVantx controlled services is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.

Access and Retention

In order to access and retain this electronic Agreement, you must have access to the World Wide Web, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.

Export Control Laws

The Services and the information contained herein may be subject to United States export controls, and export controls of other jurisdictions. By using the Services or MedVantx Information, you warrant that you are not located in any country, or exporting MedVantx Information to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any MedVantx Information subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to any MedVantx Information, data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Paragraph shall survive termination of this Agreement.

Updates to Site

MEDVANTX MAY FIND IT NECESSARY TO UPDATE, OR RESET THIS SITE. THESE UPDATES OR RESETS MAY AFFECT YOUR INTERACTIONS WITH THIS SITE AND THE SERVICES OFFERED HEREIN. MEDVANTX RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.

Limitations on Warranty and Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES, THE MEDVANTX INFORMATION AND THE INTERNET IS AT YOUR SOLE RISK. THE SERVICES, MEDVANTX INFORMATION AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, ACCURACY, AVAILABILITY OR PERFORMANCE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES. MEDVANTX AND ITS THIRD PARTY PARTNERS, INCLUDING PFIZER, DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MEDVANTX AND ITS THIRD PARTY PARTNERS, INCLUDING PFIZER, DO NOT PROVIDE ANY WARRANTIES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR, (A) THE ACCURACY OF LOCATION BASED INFORMATION TRANSMITTED THROUGH THE SERVICES, (B) THE ACCURACY OR VALIDITY OF ANY INFORMATION TRANSFERRED THROUGH THE SERVICES TO ANY THIRD PARTY, AND (C) ANY LOSSES (INCLUDING LOST DATA OR INFORMATION) THAT MAY OCCUR AS A RESULT OF A DELAYED OR LOST TRANSFER THROUGH THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MEDVANTX, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS, INCLUDING PFIZER, ARISING OUT OF OR RELATING TO THE SERVICES OR THE MEDVANTX INFORMATION IS TO STOP USING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT MEDVANTX, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS, INCLUDING PFIZER, ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES OR USE OF THE MEDVANTX INFORMATION.

IN NO CASE SHALL MEDVANTX’S, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS', INCLUDING PFIZER'S, LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO MEDVANTX AS A RESULT OF YOUR ACCESS TO THE SERVICES DURING THE YEAR YOUR CLAIM AGAINST MEDVANTX ACCRUED, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. IN NO CASE SHALL MEDVANTX OR MEDVANTX'S AFFILIATES BE LIABLE FOR INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR THE MEDVANTX INFORMATION OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MEDVANTX, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS’, INCLUDING PFIZER’S, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification.

Upon MedVantx's request, you agree to defend, indemnify and hold harmless MedVantx, its affiliates, employees, agents, representatives, licensors and other third party partners, including Pfizer, against any claim for any liabilities, damages, losses, judgments and expenses, including attorneys' fees, that arise from or relate to a breach of these Terms of Use by you. MedVantx reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you. This Paragraph shall survive termination of these Terms of Use.

Prohibited Uses Generally

By accessing or using the Services, you agree not to:

  1. use any false or inaccurate information for purposes of registering for any promotions offered through the Services, if applicable;
  2. delete or revise any MedVantx Information or other information or content included in the Services;
  3. harvest or otherwise collect information about others, including e-mail addresses;
  4. take any action that imposes an unreasonable or disproportionately large load on the Services’ infrastructure;
  5. use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted therein;
  6. use any engine, software, tool, agent or other mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services other than (i) the search engine and search agents available from MedVantx on the Services and (ii) generally available third-party web browsers; or
  7. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services.

You further agree not to violate or attempt to violate the security of the Services, including, without limitation, actions such as:

  1. accessing data not intended for you or logging into a server or account that you are not authorized to access;
  2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  3. attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding," "spamming," "mailbombing," or "crashing," the site;
  4. sending unsolicited e-mail, including promotions and/or advertising of products or services; or
  5. forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

Violations of system or network security may result in civil or criminal liability. MedVantx will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users involved in such violations.

Termination/Modification of this Agreement

MedVantx reserves the right, in its sole discretion to terminate or revise this Agreement at any time without prior notice. You are bound by any such revisions or termination and should therefore periodically visit this page to review the then-current Terms of Use to which you are bound.

Choice of Law and Forum

This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You and MedVantx expressly agree to submit to the exclusive jurisdiction and venue of the courts in California in all disputes arising out of or relating to the use of the Services. This Agreement will not be governed by the U.N. Convention on Contracts for the International Sale of Goods.

No Waiver

The failure of MedVantx to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

Severability and Integration

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and MedVantx with respect to your use of the Services, and supersedes any previous oral or written communications or documents concerning the subject matter of this Agreement. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intent of the parties, and the remaining portions shall remain in full force and effect.