Effective Date: October 25, 2024

Last Updated: February 28, 2025

 

1. Acceptance of the Terms of Use

Aphora Health owns and operates this website (The Website).  Aphora Health offers The Website and services (AphoraRx, Aphora Insights, Specialty Meds) provided through and/or connected with The Website to you (“You”, “Your”, “User”) in accordance with and subject to the terms of use set forth here (the “Terms of Use”). Please read the Terms of Use carefully before you start to use The Website. By using The Website, you accept and agree to be bound by, and to abide by, these Terms of Use and our Privacy Policy and Disclaimer.

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2. Medical Advice

The contents of The Website are for informational purposes only and are not intended to be nor should they be taken as medical advice and may not be relied upon as such. You should seek professional medical advice from your physician or other health provider regarding any medical conditions and/or the use or advisability of use of any pharmaceuticals, medical devices, or other forms of treatment that may be presented, discussed or otherwise identified in or in association with The Website. You should seek medical advice before starting, changing or terminating any medical treatment.

 

3. Disclaimer

Aphora Health does not recommend or endorse any specific prescription drug or pharmacy on The Website, nor does it warrant the appropriateness or efficacy of any particular pharmaceutical for use by any individual, including you. 

 

4. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by Aphora Health, its affiliates or licensors, or other providers of such material (collectively, the “Site Intellectual Property”), and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

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These Terms of Use permit you to use The Website for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, ‘scrape’, publicly display, publicly perform, republish, download, store, or transmit any of the material on The Website. No license for the use or further distribution of the Site Intellectual Property is granted or implied by the act of Aphora Health making the Site Intellectual Property available to you through The Website beyond your personal use and consumption of the services provided to you through The Website.

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The Website names and logos and all related names, logos, product and service names, designs, and slogans are trademarks of Aphora Health and/or its affiliates or licensors. You must not use such marks without its prior written permission and all rights therein are reserved. All registered and unregistered trademarks, including other names, logos, product and service names, designs, and slogans on The Website are the trademarks of their respective owners.

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5. Conduct

You may use The Website only for lawful purposes and in accordance with these Terms of Use.

You agree not to use The Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).

• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam,” or any other similar solicitation

• To impersonate or attempt to impersonate Aphora Health, its affiliates or licensors, its employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of The Website or which, as determined by Aphora Health, may harm it or users of The Website or expose it to liability.
   

Additionally, you agree not to:

• Use The Website in any manner that could disable, overburden, damage or impair The Website, or interfere with any other party’s use of The Website.

• Use any robot, spider, or other automatic device, process, or means to access The Website for any purpose, including monitoring, copying, or re-publishing any of the material on The Website.

• Use any manual process to monitor or copy any of the material on The Website or for any other unauthorized purpose without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of The Website.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of The Website, the server on which The Website is stored, or any server, computer, or database connected to The Website.

• Attack The Website via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of The Website.
   

6. European Union and Other Non-U.S. Visitors

The use of The Website and its services are only intended for and offered to residents of the United States of America. Users who are not residents of the United States will still be able to browse The Website, although certain areas of this site may not be accessible to these users. Non-U.S. residents will not be permitted to make purchases through The Website and may not register for an account to utilize the services on The Website. Aphora Health does not intentionally or knowingly collect or retain any personally identifying information from residents of the European Union or other countries outside of the U.S.A., although it may obtain and archive the I.P. addresses from which they browse The Website. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with The Website is void where prohibited.

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7. Privacy

Use of The Website is also governed by the terms of the Privacy Policy, which can be found at here. Any questions, concerns, or request regarding privacy-related issues, including your Personal Information (as defined in the Privacy Policy) may be direct to Aphora Health’s designated privacy officer at info@aphorahealth.com or via written correspondence to:

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ATTN: Privacy Officer

Aphora Health Inc.

5000 CentreGreen Way, Suite 500
Cary, NC 27513​

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8. Termination of Use

You agree and acknowledge that Aphora Health may, at its sole discretion, terminate or suspend your access to all or part of The Website with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

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Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that Aphora Health may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. Aphora Health shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by it about such termination or suspension.

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9. Linking to Third Party Sites

The website contains links to other sites, services and resources provided by third parties. These links are provided for your convenience only. Aphora Health has no control over the contents of those sites, services or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to The Website, you do so entirely at your own risk and subject to the terms and conditions of use for, and the policies (including privacy policies) of, such websites.

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10. Disclaimer of Warranties

You understand that Aphora Health cannot and does not guarantee or warrant that files or other data available for access or downloading from the internet or The Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and mechanisms to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the site for any reconstruction of any lost data. Aphora Health will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of The Website or any services or items obtained through The Website or to your downloading of any material posted on it, or on any website linked to it.

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YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS”, “WHERE IS”, AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER APHORA HEALTH NOR ANY PERSON ASSOCIATED WITH APHORA HEALTH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER APHORA HEALTH NOR ANYONE ASSOCIATED WITH APHORA HEALTH REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

APHORA HEALTH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

 

11. ​Limitation on liability

IN NO EVENT WILL APHORA HEALTH, OUR AFFILIATE OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

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The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

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12. Indemnification

You agree to defend, indemnify, and hold Aphora Health harmless, along with its affiliates, licensors, and service providers, and its and their respective officers, directors, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of, or relating to, your violation of these Terms of Use or your use of The Website including, but not limited to, any use of The Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from The Website. 

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13. Governing Law and Jurisdiction

All matters relating to The Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including noncontractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina, without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).

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Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or The Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina in each case located within the Raleigh-Durham area, and you consent to the exercise of personal jurisdiction by and venue in such courts, although Aphora Health retains the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.

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14. Waiver and Severability

No waiver by Aphora Health of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Aphora Health to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

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If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

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15. Entire Agreement; Severability

The Terms of Use, Disclaimer, and Privacy Policy constitute the sole and entire agreement between you and Aphora Health with respect to The Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to The Website. If any part of these Terms of Use 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 intentions of the parties, and the remaining portions shall remain in full force and effect.

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16. SMS Terms of Service

Users may consent to receive text messages to communicate with your dedicated Care Navigation team by messaging first or giving a verbal or written consent. Once you opt-in, you will be able to communicate directly with your Care Navigation team and receive communications about appointment reminders, medication notifications, upcoming refills, etc. The following Terms & Conditions include:

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• Messaging frequency may vary

• Message and data rates may apply

• To opt out at any time, text STOP

• For assistance, text HELP or visit our website at https://www.aphorahealth.com

• Visit https://www.aphorahealth.com/terms-of-service to view the full Terms of Service

• Patient may share information via text messaging as they desire. We do not sell your data or medication information. Aphora Health follows HIPAA compliance regulations. See information we collect in our privacy policy above. 

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By opting into SMS from a web form or other medium, you are agreeing to receive SMS messages from Aphora Health. This includes SMS messages for appointment scheduling, appointment reminders, post-visit instructions, lab notifications, and billing notifications. Message frequency varies. Message and data rates may apply. See privacy policy at https://www.aphorahealth.com/privacy-policy. Message HELP for help. Reply STOP to any message to opt out.