This Agreement ("Agreement" or "Patient Service Agreement" ("PSA")) constitutes a binding contract between you (the "Patient") and Faster Med Solutions, LLC, a Massachusetts limited liability company located at 16 Warwick St. Boston, MA, 02120 ("Faster Med Solutions"), regarding the Services (as defined herein) provided by Faster Med Solutions. By entering into this Agreement, you, the Patient, expressly agree to abide by and be bound by the following Terms and Conditions of Use. In consideration of the mutual covenants and obligations set forth herein, Faster Med Solutions hereby grants the Patient access to and a license to use the Services, as set forth below. The parties acknowledge the receipt and legal sufficiency of the consideration exchanged hereunder.

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SERVICES AND SUPPORT

1. Through its FindRx offering, Faster Med Solutions provides software and services that assist patients in locating pharmacies that currently have specific medications in stock (the "Services").

2. Pursuant to this Agreement, Faster Med Solutions shall use commercially reasonable efforts to deliver the Services to the Patient. As a prerequisite to using the Services, the Patient shall submit the inquiry form on Faster Med Solutions’ website. Faster Med Solutions reserves the right to cancel registration that it deems inappropriate in its sole discretion.

3. Subject to the terms and conditions herein, Faster Med Solutions shall provide the Patient with reasonable technical support services relating to the Services in line with Faster Med Solutions' standard practices and policies for such support.

 

RESTRICTIONS AND RESPONSIBILITIES

1. The patient will not, directly or indirectly: (i) Undertake reverse engineering, deconstruction, disassembly, or otherwise seek to uncover the source code, object code, underlying framework, concepts, expertise, or algorithms pertaining to the Services or any related software, documentation or data ("Software"); (ii) Alter, reinterpret, or derive new works based on the Services or any Software (except as explicitly sanctioned by Faster Med Solutions or permitted within the Services); (iii) Employ the Services or any Software for timesharing, service bureau purposes or for the advantage of any third party; or (iv) Eliminate any proprietary notices or labels affixed to the Services or Software. With regard to any Software disseminated or furnished to you for utilization on your premises or devices, Faster Med Solutions hereby confers upon you a non-exclusive, non-transferable, non-sublicensable right to use such Software during the Term solely in conjunction with the Services.

2. Moreover, the patient shall not relocate or transmit from the United States, or enable the export or re-export of the Services, Software, or anything affiliated therewith, or any direct product thereof in contravention of any restrictions, laws, or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As characterized in FAR section 2.101, the Software and documentation are "commercial items" and according to DFAR section 252.227-7014(a)(1) and (5) are regarded as "commercial computer software" and "commercial computer software documentation." Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be regulated solely by the terms of this Agreement and will be proscribed except to the extent expressly permitted by the terms of this Agreement.

3. The patient hereby affirms, pledges, and guarantees that they will utilize the Services only in adherence with Faster Med Solutions' standard published policies then in effect (the "Policy") and all applicable laws and regulations. You shall indemnify, defend, and hold harmless Faster Med Solutions against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and attorneys' fees) arising out of or in connection with any claim or action that relates to an alleged violation of the foregoing or otherwise from your use of the Services. Although Faster Med Solutions has no obligation to monitor your use of the Services, Faster Med Solutions may do so and may prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing. Use of the Services it believes may be (or is alleged to be) in violation of the foregoing.

4. The patient shall be singularly accountable for procuring, sustaining, and fortifying any equipment and ancillary services required to interface with, access, or otherwise utilize the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, "Equipment"). You shall also be responsible for upholding the security of the Equipment, your account, passwords (including but not limited to administrative and user passwords), and files, and for all uses of your account or the Equipment with or without your knowledge or consent.

5. Faster Med Solutions shall not be held legally liable for any illegal activities conducted by users in connection with medications obtained through Faster Med Solutions, including but not limited to, medication abuse, unauthorized use of medications by individuals for whom the medication is not prescribed, and any other actions that violate federal or state laws. Responsibility for such illegal activities shall rest solely with the individual(s) who engage in such conduct, and Faster Med Solutions disclaims any responsibility for these matters.

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TERM AND TERMINATION

1. Term: The term of this agreement shall commence upon the user's acceptance date and shall persist until terminated by either party in accordance with the stipulated terms.

2. Termination by User: Users may conclude this agreement at any juncture by providing written notification to Faster Med Solutions at least thirty (30) days prior to the intended termination date.

3. Termination by Faster Med Solutions: Faster Med Solutions reserves the right to terminate this agreement at any time without cause by providing written notification to the user at least thirty (30) days prior to termination.

4. Effect of Termination: Upon termination of this agreement, the user's access to the services provided by Faster Med Solutions shall cease immediately. Any outstanding fees or obligations owed by the user to Faster Med Solutions shall become immediately due and payable.

5. Survival: Sections of this Agreement which by their nature should persist after termination, including but not limited to, intellectual property rights, indemnification, and limitation of liability, shall survive termination.

6. Right to Modify: Faster Med Solutions reserves the right to modify or terminate the services provided, or to modify these terms of service at any time without prior notice. Users are encouraged to review the terms of service periodically for changes.

By accepting these terms of service, the user acknowledges and agrees to abide by the provisions set forth herein regarding termination and agrees to any applicable fees associated with early termination

 

CONFIDENTIALITY; PROPRIETARY RIGHTS

1. Each party (the "Receiving Party") acknowledges that the other party (the "Disclosing Party") has disclosed or may disclose proprietary, technical, or financial information relating to the Disclosing Party's business (hereinafter referred to as "Proprietary Information" of the Disclosing Party). Proprietary Information of the Company includes non-public data regarding features, functionality, and performance of the Service. Proprietary Information of the Patient includes non-public data provided by the Patient to the Company to enable the provision of the Services ("Patient Data"). The Receiving Party agrees: (i) to take reasonable precautions to safeguard such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third party any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following its disclosure or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law.

2. The Patient shall own all rights, title, and interest in and to the Patient Data. The Company shall own and retain all rights, title, and interest in and to (a) the Services and Software, all improvements, enhancements, or modifications thereto, (b) any software, applications, inventions, or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing.

3. Notwithstanding anything to the contrary, the Company shall have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Patient Data and data derived therefrom), and the Company will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic, and corrective purposes in connection with the Services and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein

 

TERMINATION

Notwithstanding any other recourse available, either party may also conclude this Agreement upon thirty (30) days notification (or instantaneously in the event of non-remittance), if the other party substantially violates any of the terms or provisions of this Agreement. Patients will render complete payment for the Services up to and encompassing the final day on which the Services are furnished. Upon any termination, Faster Med Solutions will make all Patient Data accessible to the Patient for electronic retrieval for a period of thirty (30) days, but thereafter the Company may, but is not obligated to, erase stored Patient Data. All clauses of this Agreement which by their nature should persevere termination will endure termination, including, without restriction, accrued entitlements to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

 

MEDICATION LIABILITY

Faster Med Solutions does not assume any liability associated with the patient's utilization of pharmaceutical compounds. Patients bear exclusive accountability for their medications, and Faster Med Solutions shall not be deemed answerable for any ramifications stemming from the employment or misapplication of such pharmaceutical agents.

 

PRESCRIPTION SEARCH GUARANTEE

Faster Med Solutions cannot assure that we will successfully procure your prescribed substances. Payment will be promptly rendered by patients upon enrollment, however, a reimbursement shall be issued if Faster Med Solutions is unable to acquire the specified medicinal preparations

 

CONSENT TO TRANSFERRAL OF PRESCRIPTION

Through the utilization of our services, you consent to allow Faster Med Solutions the right to transfer medications on your behalf from your original pharmacy to the location where the medication is in stock. This transfer process will be conducted in full compliance with all applicable federal and state laws and regulations governing the transfer of prescription medications between pharmacies, such as the U.S. Drug Supply Chain Security Act and any relevant state board of pharmacy rules. Faster Med Solutions will follow proper procedures to verify the validity and details of your prescription, maintain proper storage and handling of transferred medications per USP standards, and ensure complete documentation and recordkeeping throughout the transfer process in accordance with DEA requirements for controlled substances when applicable. Our medication transfer policies and protocols adhere to best practices to prioritize patient safety, privacy, and the secure chain of custody. 

 

OUT-OF-STOCK MEDICATION REFUND POLICY
In the event that Faster Med Solutions, LLC successfully locates a medication at a pharmacy, and conveys that intelligence to your healthcare provider, yet the medication becomes unavailable by the time your provider sends the prescription to said establishment, Faster Med Solutions LLC bears no obligation to furnish a reimbursement or reinitiate the pursuit for the medicinal agent. Refunds or renewed searches may be undertaken at the discretion of the company but are not mandated. 

 

FASTER MED SOLUTIONS REFUND POLICY 

Faster Med Solutions understands that unexpected situations may arise. This policy 

outlines the circumstances under which a refund may be granted for our services. 

 

Services Covered: 

• This policy applies to all fees associated with searches for shortage medications conducted by Faster Med Solutions. 

Refunds: 

• Full Refunds: A full refund will be issued if: 

  • Faster Med Solutions is unable to locate any shortage of medications matching the patient's specific needs within our network of pharmacies within 30 days. 

  • The patient cancels their search request after 15 days before Faster Med  Solutions initiates the search process. 

  • The patient cancels the service for any reason within a day after the search has been inquired. 

• Partial Refunds: No partial refunds will be offered at this time. 

Non-Refundable Services: 

• Faster Med Solutions cannot offer refunds for situations beyond our control, such as:

• The patient changes their mind after receiving search results. 

Requesting a Refund: 

• To request a refund, please contact Faster Med Solutions customer support. You can reach us by email at FindRx@fastermedsolutions.com or by phone at +1 (857)-763-4991. 

Processing Time: 

• Refunds will be processed within 5 business days of receiving your request. 

• The refunded amount will be credited to the original payment method used. 

Additional Notes: 

• Faster Med Solutions reserves the right to modify this refund policy at any time without prior notice.

 

COMMUNICATION CONSENT

Through the utilization of our services, you consent to receive promotional and informative text communications from Faster Med Solutions LLC. to the telephone number associated with your account. These transmissions may encompass promotional offerings, updates, and other pertinent data. Standard text messaging rates imposed by your carrier may be applicable.

Opt-Out Provision: Should you wish to decline to receive promotional and informative text communications, you may do so by replying "STOP" to any received message or by contacting our customer support representatives. Please be advised that opting out may restrict your access to certain promotional opportunities or informational content.

Frequency of Communication: Faster Med Solutions LLC. retains the right to determine the frequency with which promotional and informative text messages are dispatched to patients. Our goal is to provide valuable and relevant content while respecting your preferences.

 

WARRANTY AND DISCLAIMER
Faster Med Solutions shall employ reasonable efforts aligning with predominant industry standards to sustain the Services in a manner that minimizes errors and disruptions in the Services, and shall execute the Implementation Services in a professional and workmanlike manner. The Services may be temporarily unavailable for scheduled maintenance or unscheduled emergency maintenance, either by the Company or by third-party providers, or due to other causes beyond the Company's reasonable control, but the Company shall utilize reasonable efforts to provide advance notification in writing or by email of any scheduled service disruption. HOWEVER, THE COMPANY DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR FREE FROM ERRORS; NOR DOES IT MAKE ANY ASSURANCES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. EXCEPT AS EXPRESSLY STATED IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED "AS IS," AND THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
 

LIMITATION OF LIABILITY
NOTWITHSTANDING ANY CONTRADICTORY STATEMENT, EXCEPT FOR BODILY HARM TO AN INDIVIDUAL, THE COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY PROVIDERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES SHALL NOT BE ACCOUNTABLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR RELATED TERMS AND CONDITIONS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERRORS, INTERRUPTIONS OF USE, OR FOR LOSS, INACCURACY, OR CORRUPTION OF DATA, OR COSTS OF PROCURING SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND THE COMPANY'S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY THE PATIENT TO THE COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
 

MISCELLANEOUS
If any clause of this Agreement is deemed unenforceable or invalid, that clause will be limited or eliminated to the minimal extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sublicensable by the Patient except with the Company's prior written consent. The Company may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and the Patient does not have any authority of any kind to bind the Company in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received if personally delivered; when receipt is electronically confirmed if transmitted by facsimile or email; the day after it is sent if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of the State of Massachusetts without regard to its conflict of laws provisions. The parties shall work together in good faith to issue at least one mutually agreed upon press release within 90 days of the Effective Date, and the Patient otherwise agrees to reasonably cooperate with the Company to serve as a reference account upon request.