Terms of Use

Leehar Distributors, LLC. DBA CastiaRx
WEB SITE TERMS OF USE

Effective Date: June 1, 2005

Last Updated: March 15, 2018

Welcome to the Web site (also referred to hereinafter as the “Site”) for Leehar Distributors, LLC DBA CastiaRx. (“CastiaRx,” “we” or “ours”). Please read these terms of use carefully. By accessing and using this Site, you acknowledge that you have read, understand and agree to be bound by all of the terms and conditions set forth below. If you do not agree to these terms of use, then you may not access or use this Site or the services available through this Site. We reserve the right to amend the terms of use from time to time by posting the amended terms on this Site. You should check the terms of use frequently for any such changes, but in any case, your continued access or use of the Site shall constitute acceptance of any modification of the terms of use.

Site Restricted to Registered Cardholders and Dependent Spouses and Partners Only

This Site is made available by CastiaRx solely for use by benefit plan cardholders, their dependent spouses or partners, and their dependent children over the age of 13. In order to use this Site, you must complete our online registration process, which includes verification of your identity and benefit plan status. If you are a dependent of a cardholder, but you are not the spouse or partner of the cardholder or the dependent child of the cardholder over the age of 13, you are not eligible to access and use this Site. However, you may continue to receive services from CastiaRx in person, by telephone, and through the mail.

If you are not eligible to register for this Site, then you may access and use this Site solely with express permission (including a login name and password) from an authorized representative of CastiaRx, and solely for the limited purpose and during the limited duration for which such permission has been granted. No other persons may access or use this Site for any purpose whatsoever.

Protecting Your Account ID and Password

Your login name and password for this Site are unique to you, and should not be shared with any other person. We highly recommend choosing a password that is unique and not used by you as a password for any other Web sites. Always be sure to log out of this Site and close the Web browser window at the end of each session. These safety practices are particularly important if you access the Site from a public computer terminal.

CastiaRx cannot and does not guarantee that this Site, or the services accessed through this Site, will be totally secure. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. Please contact a CastiaRx representative immediately if you become aware of any unauthorized use of your login name and password or other unauthorized access to this Site.

Use by Plan Cardholders, Spouses and Partners and Dependent Children Over 13

After registering for this Web site, you may use this Site to review general information about CastiaRx, your benefits plan, and related pharmacy, prescription coverage, and medical information. Over time, we may add new features and functionality through this Site. Access to and use of these new features and functionality will remain subject to your agreement to these terms of use, as may be amended from time to time, and your compliance with any other instructions or guidelines posted on the Site.

Privacy Policy

Any personal information submitted by you on this Site is maintained in accordance with our Privacy Policy and applicable federal and state laws and regulations. Please carefully review our policy at http://www.castiarx.com/privacy-policy/.

Limited License

All information and content on this Site is owned by CastiaRx or its licensors and is protected by copyright and other law. For so long as you comply with these terms of use, we grant you a personal, revocable, limited, non-exclusive, non-transferable, non-sublicensable license to display, reformat and print up to one (1) copy of the content made available to you on this Site, solely for your personal use. We may revoke this license at any time and without notice. You agree not to modify, reproduce, distribute, rent, lease, loan, sell, or create derivative works based upon the materials on the Site, or post any content from this Site to newsgroups, mail lists or electronic bulletin boards, without the prior written consent of an authorized representative of CastiaRx.

CastiaRx does not make any promise, representation or warranty that your use of the information, content or any service available this Site will not infringe or violate the rights of other persons. If we receive a notice that any information, content or service infringes or violates the rights of another person, we may remove or modify the materials or service from this Site without liability to you or anyone else. “CastiaRx” and its logo are CastiaRx’s trademarks and service marks. You do not have our permission or the right to use any of our trademarks, service marks or logos.

Costs in Accessing Site

When you access or use this Site, you are responsible for all costs related to your use of this Site. You are responsible for all internet access fees, data usage access fees, SMS messaging fees and other costs and charges in using any computer, tablet, phone, smart phone or other electronic or mobile device in accessing and using this Site. You also assume the risk of any damage to your equipment and devices, software and data while you access this Site. That damage may arise from power outages, power brownouts and surges, computer viruses, malware and other causes that affect your equipment, devices, software and data.

Responsible Behavior

In addition to the obligations set forth above, you agree not to access or use this Site to:

  1. a) accomplish any purpose that is prohibited by these terms of use;
  2. b) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site;
  3. c) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on the Site;
  5. e) make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  6. f) make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  7. g) make available any content that is unlawful, harmful, threatening, tortious, defamatory, obscene, invasive of another’s privacy, or otherwise objectionable;
  8. h) make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  9. i) make available any material that contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  10. j) disable, overburden, interfere with or disrupt this Site or servers or networks connected to the Site, take any action that imposes an unreasonable or large load on this Site or disobey any requirements, procedures, policies or regulations of networks connected to this Site;
  11. k) intercept, collect or store financial, health or other personal data about other visitors to the Site; or
  12. l) violate any applicable local, state, national or international laws or regulations or take any action that infringes our rights or the rights of others.

Termination of Access and Use

We may change, enhance or stop providing access to this Site at any time and without notice to you. Any changes or enhancements to this Site are subject to these terms of use, and we are not liable to you or anyone else for any change or enhancement to this Site or closing this Site.

Your right to access and use this Site will terminate within a limited time after you cease to be an eligible cardholder, dependent spouse or partner or dependent child over 13. In addition, we reserve the right to terminate your access to and use of this Site at any time, and without any prior notice to you, if you violate any provision of these terms of use, or use the Site in a manner for which it is not intended to be used. You further agree to indemnify, defend and hold CastiaRx, and its directors, officers, agents and affiliates, harmless from and against any and all claims, demands, damages, losses and expenses of any kind, including attorneys’ fees and costs, arising out of or related to your use or misuse of this Site, your violation of these terms of use, or your violation of any rights of another person or entity.

Our Rights in the Site

CastiaRx and its licensors reserve all right, title and interest in and to this Site and all materials, information, and compilations of information available on or through the Site, as well as the domain name, design, layout, graphics, programming code and “look and feel” of the Site, the trademarks, service marks, and trade dress related thereto, and all other intellectual property and other proprietary rights embodied therein and appurtenant thereto. You agree that you will have no rights in or to any of the foregoing, express or implied, other than the rights expressly granted in these terms of use.

Links to Third Party Sites

Certain links on this Site lead to Web sites maintained by individuals or organizations over which CastiaRx has no control. No representations or warranties are made regarding the accuracy, timeliness, availability, or any other aspect of products, services, content or information located on or available through such third party Web sites. These links are for the convenience of visitors to the Site only, and the inclusion of such links does not necessarily imply an affiliation, sponsorship or endorsement. You should review the privacy policies of third party Web sites carefully before providing any information to such sites. CastiaRx shall not be responsible or liable for any products, services or information available on or through any third party Web site.

NO MEDICAL OR OTHER ADVICE

THE INFORMATION MADE AVAILABLE ON THIS SITE REPRESENTS GENERAL INFORMATION ONLY, AND should not be interpreted as providing medical, PHARMACEUTICAL, legal, tax, financial, or OTHER advice. tHe information is not a substitute for advice, DIAGNOSIS OR TREATMENT from any doctor, pharmacist, healthcare professional or other professional advisor (together, “Professional”). Before acting on ANY OF THE information found on this Site, you should consult with A qualified PROFESSIONAL familiar with your personal situation for specific advice. Any information you receive through this Site about a professional is not intended as a referral or recommendation of that professional or the quality of services provided by that professional.

NO GUARANTEES OF COMPLETENESS OR ACCURACY

CASTIARX MAKES NO promises or GUARANTEES AS TO THE COMPLETENESS OR ACCURACY OF ANY OF THE INFORMATION MADE AVAILABLE ON THIS SITE. iN SOME INSTANCES, The information MAY BE ESTIMATED OR SUMMARY IN NATURE. FURTHERMORE, DESPITE OUR EFFORTS, ERRORS CAN OCCUR THAT MAY RESULT IN COMPLETE OR INACCURATE INFORMATION.

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CASTIARX MAKES NO REPRESENTATIONs OR warranties of any kind, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING YOUR ACCESS TO OR USE OF THis SITE, or THE PRODUCTS, SERVICES or information described in or available THROUGH this SITE, or that ANY INFORMATION, SOFTWARE OR OTHER MATERIAL DOWNLOADED FROM THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. without limiting the foregoing, CASTIARX hereby DISCLAIMS any and all WARRANTIES OF ACCURACY, COMPLETENESS, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, and NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL CASTIARX or its DIRECTORS, OFFICERS, employees, AGENTS or affiliates BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES (INCLUDING LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA) ARISING OUT OF OR RELATED TO THE SITE OR YOUR USE OF THE SITE, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE information PROVIDED ON OR AVAILABLE THROUGH THIS SITE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CASTIARX’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS OR SUITS ARISING FROM OR RELATED TO THIS SITE, REGARDLESS OF THE FORM OF ACTION, SHALL IN NO EVENT EXCEED THE GREATER OF THE AMOUNTS PAID BY YOU TO CASTIARX FOR USE OF THIS SITE IN THE TWELVE (12) MONTHS PRECEDING THE FIRST SUCH CLAIM OR ONE HUNDRED DOLLARS ($100), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE EXISTENCE OF MORE THAN ONE CLAIM OR SUIT WILL NOT EXPAND THIS LIMITATION.

Disclosure of Your Information

CastiaRx may disclose information CastiaRx has about you (including your identity) if CastiaRx determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of this Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with our rights or property, or the rights or property of users of this Site. We also may disclose your information when we determine that applicable law requires or permits such disclosure. You agree that we may preserve any transmittal or communication by you with us through any service on this Site and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary, (1) to comply with legal process, (2) to enforce these terms of use, (3) to respond to claims that any such data violates the rights of others, or (4) to protect the rights, property or personal safety of CastiaRx, its licensors, suppliers, officers and employees, users of our services or this Site, visitors to this Site, and the public.

Governing Law, Jurisdiction, Time Limit for Litigation, No Jury Trial, No Class Action

These terms of use and the relationship between you and us relating to your use of the Site shall be governed by and interpreted in accordance with the laws of the State of Missouri, without regard to any conflict of laws principles that would require the application of the laws of a different jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts located within St. Louis County, Missouri for any dispute, claim or action arising out of or related to your use of this Site or these terms of use, and hereby waive any objections to the jurisdiction and venue of such courts. Any claim related to our services or these terms of use must be brought within one (1) year after the cause of action arises, or the claim or cause of action is barred. WITH RESPECT TO ANY CLAIM RELATED TO OUR SERVICES OR THESE TERMS OF USE, CASTIARX AND YOU WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR ANY PROCEEDING INVOLVING MULTIPLE CLAIMANTS.

Assignments

You may not assign or delegate any right or duty under these terms of use or related to this Site without the prior written consent of an authorized officer of CastiaRx. Any attempted assignment or delegation without such consent will be null and void from the beginning and without further effect. We may assign any right or duty under these terms of use or related to the Site with or without notice to you. Subject to the foregoing, these terms of use will be binding on and will inure to the benefit of you and us, and each of our respective representatives, heirs, administrators, successors and permitted assigns.

Changes to These Terms of Use

We reserve the right to amend these terms of use from time to time by posting the amended terms on this Site. We will notify you of these changes by updating the “Effective Date” for these terms of use, or by posting a notice on our Site that the terms of use have been changed. However, it remains your responsibility to review the terms of use, and your continued use of the Site after we have amended the terms of use shall signify your acceptance of the amended terms. These terms of use may be modified by you only by obtaining the prior written consent of an authorized representative of CastiaRx.

Waiver

No duty or breach of these terms of use may be waived by any act, omission or knowledge by us, except by an instrument in writing expressly waiving the duty or breach and signed by an authorized representative of CastiaRx. Any waiver (express or implied) by us of any duty or breach will not constitute a waiver of any other or subsequent duty or breach.

Children

The Site is not intended for or directed at minors (generally, children under the age of 13). If you are a minor and believe that you are entitled to register for and use this Web site under applicable law, please contact CastiaRx at the address or phone number provided below.

Contacting Us

If you have questions about the Terms of Use for this Site, or any other questions concerning the Site, please contact:

CastiaRx
701 Emerson Road, Suite 301
Creve Coeur, Missouri 63141

Phone: 1-866-516-3121 or 314-652-3121 (local)

General Provisions

These terms of use are between CastiaRx and you and no one else. These terms of use are not intended to confer any rights or remedies on any other person. You agree that no joint venture, partnership, employment, fiduciary or agency relationship exists between CastiaRx and you as a result of these terms of use or use of our services. You may not assign or transfer your rights or duties under these terms of use to anyone else, and any such assignment or transfer is void and of no effect. We may assign our rights and duties under these terms of use at any time and in our discretion.

We are not liable for our failure or delay in providing any service because of circumstances beyond our reasonable control. These circumstances include, but are not limited to, acts of God, weather, fire, accident, war, terroristic acts, failures of utilities and telecommunication carriers, labor strikes and disturbances, administrative and judicial orders and laws and regulation.

These terms of use constitute the entire agreement between you and us with regard to your access to and use of this Site, and supersede all prior and contemporaneous negotiations, statements and agreements, whether written or oral, relating to the subject matter hereof. In the event any provision of these terms of use is held to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent permitted under applicable law, and the remaining provisions will continue in full force and effect.

Copyright © 2018 CastiaRx.  All rights reserved.