The Qsymia Engage: Home Delivery Pharmacy program (“the QEHDP Program”) provides a convenient and discreet way to get Qsymia delivered to your home. Medvantx, VIVUS’s mail order pharmacy partner administering the pharmacy services of the QEHDP Program, will process your order upon receipt of your valid prescription and completion of your registration.
When placing your Qsymia order through the Services, you will pay a per prescription price. The QEHDP Program does not accept health insurance, so you will pay this price regardless of whether you have insurance or not.
The Services and all content and other information provided by Medvantx, its affiliates, employees, agents, representatives, licensors, or other third party partners (including VIVUS) through or in connection with the Services and the Qsymia Engage: Home Delivery Pharmacy Program (“QEHDP Program Information”) are the property of Medvantx, VIVUS, or their 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, VIVUS, their affiliates, subsidiaries, or related companies. Ownership of all Trademarks and the goodwill associated therewith remains with Medvantx, VIVUS or their licensors, as the case may be. Subject to your compliance with this Agreement, Medvantx and VIVUS grant 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.
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.
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.
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 QEHDP Program Information, you warrant that you are not located in any country, or exporting QEHDP Program 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 QEHDP Program 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 QEHDP Program 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.
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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES, THE QEHDP PROGRAM INFORMATION AND THE INTERNET IS AT YOUR SOLE RISK. THE SERVICES, QEHDP PROGRAM 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 VIVUS, 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 VIVUS, 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 VIVUS, ARISING OUT OF OR RELATING TO THE SERVICES OR THE QEHDP PROGRAM 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 VIVUS, 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 QEHDP PROGRAM INFORMATION. IN NO CASE SHALL MEDVANTX’S, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD-PARTY PARTNERS', INCLUDING VIVUS'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 QEHDP PROGRAM 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 VIVUS’S, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
By accessing or using the Services, you agree not to:
You further agree not to violate or attempt to violate the security of the Services, including, without limitation, actions such as:
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.
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.
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.
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.