A. PANTHERx reserves the right, at its sole discretion, to make changes to all or part of these Terms at any time. User is responsible for checking these Terms periodically for changes. User’s continued use of the Application means that User agrees to any new or modified provisions of these Terms posted on the Application.
B. To the extent that User provides any information, including but not limited to personal information, to PANTHERx or its representatives, User warrants that (i) User is providing or obtaining only User’s own information or the information of others which User is authorized to provide to third parties and/or obtain from third parties on their behalf; and (ii) the use of such information by PANTHERx and its representatives will not infringe upon or misappropriate the intellectual property rights or otherwise violate the rights of any third parties. USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT TO THE EXTENT USER SUBMITS, PROCESSES OR TRANSMITS ANY PATIENT DATA OR PROTECTED HEALTH INFORMATION (“PHI”) AS DEFINED BY THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”) IN OR THROUGH THE APPLICATION, USER HAS OBTAINED ALL NECESSARY PERMISSIONS, CONSENTS, LICENSES, AND AUTHORIZATIONS NECESSARY TO TRANSMIT, UPLOAD, AND OR/USE THE PATIENT DATA AND/OR PHI IN CONNECTION WITH THE APPLICATION PROVIDED HEREUNDER OR OTHERWISE IN CONNECTION WITH THESE TERMS. User understands and agrees that PANTHERx will store or otherwise retain patient data and other PHI provided by User and that PANTHERx and the Application will be acting as a conduit for any such information received under these Terms. User acknowledges and agrees that the Internet is inherently unsecure and that patient data and/or PHI transmitted in connection with the Application or these Terms may be subject to interception by an unauthorized third party.
C. Registration for the Application requires a valid, working phone number, email address and/or other information in order to initially sign up for access to and use of the Application (“Account”). Additionally, User will be required to create a password to securely access the Application. User is solely responsible for maintaining the strict confidentiality of any username and password User creates in order to access and use the Application. User will be solely responsible for any damages or losses that may be incurred or suffered as a result of User’s failure to maintain strict confidentiality of User’s username and password. User should immediately notify PANTHERx in writing of any need to deactivate User’s Account due to potential or actual security concerns. PANTHERx will not be liable for any harm related to the use or misuse of User’s username and password, User’s disclosure of such items to another person, or User’s authorization to allow another person or entity to access and use the Application under User’s login credentials.
D. Our health content describes general principles of health care that should not in any event be construed as specific instructions for individual patients. This material is not intended as a guide to self-medication or as a substitute for proper medical advice, diagnosis, or treatment. It is for reference only and should not be used to determine treatment for specific medical conditions--only a health care provider can do that. The Application and its health related information and resources are not intended and must not be taken as the rendering of medical, nursing, or professional health care advice or services, or the practice of medicine, nursing, or professional health care in any jurisdiction. You should discuss the information provided with a physician, pharmacist, nurse, or other licensed health care professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any device, drug, herb, vitamin, or supplement discussed on the Application. In certain circumstances, you understand we may be required to communicate with you and/or counsel you (whether in-person, via the telephone or some other communication method) in order to process your request to deliver a particular script. We will not be responsible or liable for failure to deliver a script if you refuse or otherwise do not engage in the required communication.
E. You understand that certain drug products are not permitted to be dispensed in certain jurisdictions. You agree not to use the Application to dispense such drug products in such jurisdictions.
F. You understand and agree that neither PANTHERx nor its suppliers or vendors are responsible for any claim, loss, or damage directly or indirectly resulting from your use of the Application or the information resources contained on or accessible through the Application.
G. Resale of products or services purchased in connection with the Application is specifically prohibited. We reserve the right to refuse to sell products or services to you if it reasonably appears to us that you intend to resell such products or services. Verification of information may be required prior to our acceptance of any order. We further reserve the right to limit quantities of items purchased by each customer or to refuse to provide any customer with any such items.
H. Price (including the validity of any discount), quantity, availability of any product or service, and shipping methods and shipping rates, and any other information, descriptions or images on the Application regarding any products or services, are subject to change without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We seek to undertake reasonable efforts to accurately display the attributes of products and services, including the applicable colors, however the actual colors that you see will depend on your device, and we cannot guarantee that your device will accurately display such colors. Certain non-prescription order and/or product returns may incur a restocking fee. In general, offers on the Application are good only while supplies last.
I. PANTHERx may use email and push notifications to communicate with User on a recurring basis. By providing User’s email address and/or phone number, User consents and gives permission to be contacted at such email address and/or phone number by PANTHERx and its partners. In addition, by enabling push notifications through the Application, User consents and gives permission to receive such notifications by PANTHERx and its partners. User may manage User’s mobile notification settings by updating User’s phone settings. User certifies that User has provided User’s own contact information.
J. PANTHERx will use commercially reasonable efforts to provide access to the Application 24 hours a day, 7 days a week, except in the case of natural disasters or events beyond PANTHERx’s control and subject to any breakdowns or maintenance operations required to ensure the smooth operation of the Application; provided, that PANTHERx will monitor the Application at its sole discretion will have no obligation to monitor the Application 24 hours a day 7 days a week. PANTHERx will not be liable for any failures or deficiencies in the performance of the Application by reason of maintenance, breakdown, or any event beyond PANTHERx’s control, including without limitation natural disasters, internet outage, interruption of service, labor disturbances, technological disaster, terrorism, or war.
K. User acknowledges that data conversion and transmission is subject to the likelihood of human and machine errors, omissions, delays, and losses, including inadvertent loss of data or damage to media, that may give rise to loss or damage. PANTHERx shall not be liable for any such errors, omissions, delays, or losses. User understands and agrees that use of or connection to the Internet is inherently insecure and that connection to the Internet provides opportunity for unauthorized access by a third party to computer systems, networks, and any and all information stored therein. All information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. PANTHERx shall not be responsible for any adverse consequences whatsoever of User’s connection to or use of the Internet, and shall not be responsible for any use by User of an internet connection in violation of any law, rule, or regulation or any violation of the intellectual property rights of another.
L. User’s rights under these Terms will terminate automatically without notice from PANTHERx if User fails to comply with these Terms. Upon termination, User shall immediately cease all use of the Application. PANTHERx reserves the right to terminate User’s access to any or all aspects of the Application or to discontinue any aspect of the Application at any time for any reason whatsoever without notice to User.
2. Minor User Access
To use the Application, User must be 18 years of age or older or an emancipated minor. Parents/guardians with authority over the healthcare decisions of minor children between the ages of 13-18 may establish and operate an account on behalf of the minor. Under state and Federal law, there are certain types of medical information that a parent or guardian of a minor child may not view without the minor child’s permission. When a minor reaches age 18, the parent or guardian no longer will have access to the minor user’s information unless the user authorizes the access or it is otherwise permitted by law, and the user may create their own account on the Application.3. Restrictions
User may only use the Application for lawful purposes. User agrees that User will not: (i) infringe any copyright, patent, right of privacy, right of publicity, trademark, trade secret, or other right of PANTHERx or any third party; (ii) abuse, defame, harass, or stalk any individual or other user of the Application; (iii) interfere or attempt to interfere with, or damage or attempt to damage, the Application or the proper working thereof, including, without limitation, through the use of cancel bots, denial of service attacks, flood pings, forged routing or electronic mail address information, harmful code, packet or IP spoofing, phishing, Trojan horses, viruses, or similar methods or technology; (iv) use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or any content thereon, or in any way reproduce or circumvent the navigational structure or presentation of the Application, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Application; (v) misrepresent User’s identity, provide false information, impersonate another person or entity, misrepresent User’s affiliation with a person or entity, including, without limitation, PANTHERx, create or use a false identity, or attempt to use another user’s account; (vi) attempt to obtain unauthorized access to the Application; (vii) collect, reverse look-up, trace or seek to trace, manually or through automated means, information about other users or visitor to the Application without their express consent; (viii) use any meta tags or any other hidden text utilizing the PANTHERx name, service marks, trademarks, or product or service names; (ix) advertise, offer to sell, or sell any goods or services set forth in the Application or otherwise use the Application to solicit other users, except as expressly permitted by PANTHERx; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Application; (xi) probe, scan, or test the vulnerability of the Application or any network connected thereto, or breach the security or authentication measures on the Application or any network connected thereto; (xii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Application or PANTHERx’s systems or networks, or any systems or networks connected thereto; or (xiii) assist any third party in engaging in any activity prohibited by these Terms. PANTHERx may investigate and prosecute violations of any of the above to the fullest extent of the law and involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that PANTHERx has no obligation to monitor your access to or use of the Application but has the right to do so for the purpose of operating the Application, to ensure your compliance with this Agreement or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. PANTHERx reserves the right, at any time and without prior notice, to remove or disable access to any content that PANTHERx, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Application. You agree that in the event of an actual or threatened breach of this Section by you, PANTHERx will have no adequate remedy at law and will be entitled to immediate and injunctive and other equitable relief, without bond and without the necessity of showing actual money damages.4. Intellectual Property; Feedback
The Application, and all intellectual property, trademarks, service marks, information, data, and other materials made available to User in connection with these Terms, together with the design of the Application, and text, scripts, graphics and features and other content and materials therein (collectively, “Content”) are the sole and exclusive property of PANTHERx and its licensors, and are available to User solely for purposes of User’s use of and access to the Application in accordance with these Terms. The Content is owned by or licensed to PANTHERx and protected by copyright and other intellectual property rights under United States and foreign laws and international conventions. All rights, title and interests in and to the Content and all copyrights, trade secret rights, patents, trademarks and any other intellectual property or proprietary rights in and to the Content shall at all times remain the exclusive property of PANTHERx and/or its licensors. Except for the limited rights granted herein, nothing in these Terms shall transfer to User any right, title, or interest in or to any Content. PANTHERx may provide User with a mechanism to provide feedback, suggestions and ideas, if User chooses, about its products and services (“Feedback”). User agrees that PANTHERx may, in its sole discretion, use the Feedback User provides to PANTHERx in any way, including in future modifications of the Application or in other PANTHERx products or services. User hereby grants PANTHERx a perpetual, worldwide, irrevocable, fully-paid, royalty-free, sublicenseable and transferable license to use, modify, create derivative works from, distribute, display, and otherwise exploit the Feedback for any purpose.5. Compliance with Laws; Privacy
PANTHERx will treat any information it collects or receives from User through the Application in accordance with its Privacy Policy (the “Privacy Policy”), which is incorporated by reference. Please review the Privacy Policy before using the Application. If User is unwilling to accept the terms and conditions of the Privacy Policy, do not use the Application. In order to provide the Application and products to User, the Application may access and process PHI. PANTHERx’s use of PHI is governed by separate terms and conditions between PANTHERx and its customers. PHI should only be submitted through the Application as permitted or required for use of the Application and is subject to PANTHERx’s Notice of Privacy Practices (“Notice of Privacy Practices”).6. Links to Third Parties
The Application also may contain links to the websites of PANTHERx partners, advertisers, or unrelated third party companies (“Linked Sites”). PANTHERx does not own and has no control over the Linked Sites and therefore assumes no responsibility and makes no warranties or representations with respect to the availability of these websites, their content, advertising material, and the products or services available at or through the Linked Sites. PANTHERx does not endorse any Linked Site, is not bound by the terms and conditions, if any, of such Linked Sites, and the existence of a Linked Site does not mean that PANTHERx has any affiliation, connections, endorsement, or sponsorship of such websites or their owners or operators. PANTHERx accepts no liability for any direct or indirect damage that may result from User’s visit to a Linked Site, or from User’s use of the contents, products, or services of these websites or their owners or operators. Users acknowledges and agrees that PANTHERx shall not be responsible or liable for the content or conduct of, associated with, or related to any Linked Site, and, accordingly, User’s access and use of any Linked Site shall be solely at User’s own risk. If User has any questions or concerns regarding any Linked Site, User should review any terms and conditions and privacy policy maintained by that Linked Site or should contact the applicable party or their website administrator.7. Mobile Terms
By providing your telephone number to PANTHERx, you consent to receive informational text messages and/or push notifications from or on behalf of us and/or our partners and suppliers. User may opt-out at any time by replying STOP to the text message received or by calling us at the phone number listed under “Contact Information” above. Consent to receive text messages can be given via the PRx Mobile Messaging Program E-Consent Form.8. Disclaimers
USER AGREES THAT USER’S USE OF THE APPLICATION SHALL BE AT USER’S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PANTHERX, ITS SUPPLIERS, AND AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APPLICATION, CONTENT, AND USER’S USE THEREOF, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, ACCURACY, COMPLETENESS, TITLE AND NON-INFRINGEMENT. THE APPLICATION AND ALL CONTENT ARE PROVIDED “AS AVAILABLE,” “AS IS,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PANTHERX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE APPLICATION OR CONTENT, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER’S ACCESS TO AND/OR USE OF THE APPLICATION OR CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF PANTHERX’S OR ITS SUPPLIERS’ SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY TRANSMISSION TO OR FROM THE APPLICATION, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION THROUGH THE ACTIONS OF ANY THIRD PARTY. NEITHER PANTHERX NOR ANY OF ITS SUPPLIERS OR AFFILIATES WARRANT THAT (A) THE APPLICATION OR CONTENT WILL MEET USER’S REQUIREMENTS, (B) THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR (C) THE APPLICATION OR CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE, OR THAT ERRORS WILL BE CORRECTED. USER UNDERSTANDS AND AGREES THAT NOTHING IN THIS SECTION SHALL LIMIT OR RESTRICT USER’S RIGHTS WITH RESPECT TO ITS PHI UNDER HIPAA, AS DESCRIBED IN PANTHERX’S NOTICE OF PRIVACY PRACTICES. PANTHERx does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, “off-label” drug uses, or other information that may be mentioned on the Application. User’s reliance upon any information obtained or used by User is solely at User’s own risk. PANTHERx is not responsible for the accuracy of any information or content provided or sent by User or other users of the Application. User is responsible for verifying the accuracy of any information User sends or receives through the Application, including User data or any of User’s health information, data, or records. PANTHERx is not responsible for communication malfunctions, failures, or lost, stolen, or otherwise misdirected, transmissions, messages or entries, or the security of any such communications. IF USER HAS AN EMERGENCY, DO NOT USE THE APPLICATION – USER SHOULD CALL 911 AND REQUEST EMERGENCY CARE ASSISTANCE.9. Limitation of Liability
IN NO EVENT SHALL PANTHERX, ITS SUPPLIERS, OR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM OR RELATED TO ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN THE APPLICATION OR CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE APPLICATION, (IV) ANY TRANSMISSION TO OR FROM THE APPLICATION, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER’S USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION, AND/OR (VII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PANTHERX IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IF ANY EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THESE TERMS IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION, AND PANTHERX, OR ONE OF ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BECOMES LIABLE FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE WILL NOT EXCEED IN THE AGGREGATE THE GREATER OF THE AMOUNT ACTUALLY PAID BY USER TO PANTHERX (IF ANY) OR ONE HUNDRED DOLLARS ($100.00 USD). BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH ANY PORTION OF THE APPLICATION, OR WITH ANY PORTION OF THESE TERMS, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION. IF USER IS A RESIDENT OF NEW JERSEY, TO THE EXTENT NEW JERSEY LAW PROHIBITS THE LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS, SUCH LIMITATIONS AND/OR EXCLUSIONS SHALL NOT APPLY TO USER. Any claim or cause of action arising out of or related to User’s use of the Application, these Terms, or User’s use of Content made available through or on the Application must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.10. Indemnity
User agrees to defend, indemnify, and hold PANTHERx, its suppliers and affiliates, and their respective officers, directors, employees and agents harmless from and against any and all claims, losses, liability, costs, and expenses (including attorneys’ fees) arising from or related to User’s use of the Application or Content or violation of these Terms, and User covenants not to sue PANTHERx or its affiliates for any injuries to User or User’s property arising out of or related to User’s use of the Application or Content or violation of these Terms.11. Disputes; Governing Law and Jurisdiction
These Terms shall be governed by the internal substantive laws of the State of Pennsylvania, without respect to its conflict of laws principles. Any claim or dispute between User and PANTHERx that relates to or arises in whole or in part from these Terms shall be decided exclusively by a court of competent jurisdiction located in Allegheny County, Pennsylvania, provided, that User hereby agrees that any dispute arising out of or relating in any way to these Terms or User’s use of the Application or any information, materials or services User obtains from PANTHERx requires that such claim be resolved exclusively by confidential binding arbitration. The arbitration shall be conducted before three neutral arbitrators in Pittsburgh, Pennsylvania, in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Punitive and consequential damages may not be awarded under these Terms. BECAUSE THE USE OF THE APPLICATION REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION. The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (i) to the exclusive jurisdiction of the state or federal courts located in Allegheny County, Pennsylvania for any action (a) to compel arbitration, (b) to enforce any award of the arbitrators, (c) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, or (d) to enforce PANTHERx’s intellectual property rights under these Terms, and (ii) for service of process in any such action by registered mail or any other means provided by law. Should this Section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that sole and exclusive jurisdiction and venue for any claims will be in the state or federal courts in Allegheny County, Pennsylvania.12. Additional Terms for Users Who Download the Application Through the Apple Store
The following additional terms apply to User if User downloads the Application through the Apple Store:A. These Terms are applicable between User and PANTHERx, but not Apple, Inc. (“Apple”). PANTHERx, not Apple, offers the Application to User, and Apple has no responsibility to User for any use of, or information related to, the Application, and these Terms.
B. User may only use the Application on an Apple device that User owns or controls and as permitted by the App Store Terms of Service.
C. Apple has no obligation to provide maintenance and support services with respect to the Application, as used on User’s iPhone, iPad, or iPod touch devices. In the event of any failure of the Application to conform with any applicable warranty, User may notify Apple regarding a refund of User’s purchase price of the Application through the Apple Store.
D. Should User have any claim, whether User’s claim or whether a third-party claim has been filed against User, relating to User’s use of the Application, Apple shall have no responsibility to User.
E. User may delete User’s account here or by calling [Insert Telephone Number]. User’s deletion of User’s account will remove the account from PANTHERx’s records, along with any data associated with User’s account, except for the data that PANTHERx is legally required to maintain under applicable law.
User and PANTHERx hereby acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon User’s acceptance of these Terms, Apple, as a third-party beneficiary, will receive (and otherwise shall be deemed to have received) the right to enforce these Terms against User.13. Additional Terms for Users Who Download the Application Through Google Play
The following additional terms apply to User if User downloads the Application through Google Play:A. These Terms are applicable between User and PANTHERx, but not Google, Inc. (“Google”). PANTHERx, not Google, offers the Application to User, and Google has no responsibility to User for any use of, or information related to, the Application and these Terms.
B. Google shall not be responsible to User for maintenance of the Application. Google shall not be responsible to User for any complaints User has regarding the Application, as used on User’s Android device.
In compliance with Google Play’s User Data Policy, PANTHERx has completed a Data safety form, which details how PANTHERx collects and shares Users’ data. PANTHERx’s Data safety form is displayed on PANTHERx’s Google Play listing. By downloading the Application through Google Play, User agrees that user has read, understood, and agreed to be bound by PANTHERx’s Data safety form. If User does not agree to be so bound, please do not access or use the Application.14. Miscellaneous
PANTHERx may assign its rights and duties under these Terms without notice to User. User may not assign these Terms without the prior written consent of PANTHERx, and any assignment in contravention of the foregoing shall be null and void. If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and PANTHERx’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms, as revised from time to time by PANTHERx, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Any rights not expressly granted herein are reserved to PANTHERx.15. Contact Information
If User has any questions about these Terms, PANTHERx’s practices, or User’s dealings with the Application, please contact us through one of the methods below: E-mail: customercare@pantherxrare.com Mail: Attn: Privacy Officer 24 Summit Park Drive, Pittsburgh, PA 15275 Toll-Free Number: 1-855-726-8479
