Terms of Service

Hello, and welcome to AccuMix Pharmacy.

These Terms of Service (“Terms”) govern your use of AccuMix’s pharmacy services, website, online portals, apps (if any), products, and other technology platforms (collectively, the “Services”). Your use of the Services is also subject to our Privacy Policy and our HIPAA Notice of Privacy Practices (“HIPAA Notice”), which describe how we collect, use, and protect your information, including protected health information (“PHI”).

If you have any questions about these Terms, the Privacy Policy, or the HIPAA Notice, please contact us at [legal@accumixrx.com] before using the Services.

When we say “AccuMix,” “we,” “us,” or “our”, we mean AccuMix Pharmacy, LLC and any of its affiliates. When we say “you” or “your,” we mean an individual who uses the Services, including anyone who is set up as a dependent or family member on another user’s account.

IMPORTANT: THESE TERMS INCLUDE A MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISION.

THIS MEANS MOST DISPUTES MUST BE RESOLVED BY INDIVIDUAL ARBITRATION, NOT IN COURT AND NOT AS PART OF A CLASS ACTION.

Acceptance of These Terms

By accessing or using any of the Services, you confirm that:

  • You have read and understood these Terms; and
  • You agree to be legally bound by them.

If you do not agree with these Terms, you are not permitted to use or access the Services.

  • If you are a new user, these Terms apply as of the date you first use any of the Services.
  • If you are an existing user, these Terms apply as of the Effective Date listed above.

Changes to These Terms and to the Services

Changes to These Terms

We may revise these Terms from time to time. If we make material changes, we will provide notice by one or more of the following:

  • Posting an updated version on the Services,
  • Sending you an email, or
  • Providing another reasonable type of notice.

We will indicate when the revised Terms become effective. Your continued use of the Services after the effective date of revised Terms constitutes your acceptance of those changes. If you do not agree to the updated Terms, you must stop using the Services.

Changes to the Services

We are frequently improving our systems and offerings. You understand that:

  • We may add new features or new Service types.
  • We may modify, suspend, limit, or discontinue parts of the Services.
  • We may remove or change content available through the Services.

We may take these actions at any time, in our discretion, and generally without prior notice to you.

Your Use of the Services

We are happy you’re choosing AccuMix as your pharmacy. To protect you, other users, and our staff, you agree that:

  • You will not use the Services if you are under 18 years of age,
    • unless a parent or legal guardian uses the Services on your behalf, or
    • unless applicable law where you live specifically allows minors to receive pharmacy services without parental/guardian consent.
  • If you use the Services on behalf of another person (for example, a minor child or dependent):
    • You have their legal permission or authority to do so; and
    • You will use the Services for them only in a lawful, appropriate way.
  • You will not use the Services for any unlawful purpose.
  • You will not provide information that is false, incomplete, or outdated, and you will not commit fraud or misrepresentation in connection with the Services.
  • You will not try to obtain or use the login credentials, account information, or security details of any other user.
  • You will not copy, reproduce, publicly display, publish, sell, rent, license, modify, translate, adapt, reverse engineer, or create derivative works based on any part of the Services, except as allowed by law or by our written permission.
  • You will not engage in automated data scraping, data mining, or similar data harvesting that is not expressly authorized.
  • You will not interfere with, disrupt, or attempt to disrupt the operation of the Services or other users’ access, including by introducing viruses, malicious code, or by “hacking” or defacing any part of the Services.
  • You will not sign up for or use the Services if you are located outside the United States.
  • You will not use the Services in any way that infringes or violates the intellectual property or other rights of AccuMix or any third party.
  • You will not submit or transmit content via the Services that we reasonably determine is unlawful, harmful, abusive, discriminatory, threatening, harassing, or otherwise objectionable.
  • You will not threaten, harass, or act inappropriately towards any AccuMix employee, contractor, or service provider.

If we believe you have violated these rules, we may suspend or terminate your access to some or all of the Services.

You also understand that when you use our pharmacy Services:

  • Licensed pharmacists review each prescription and use their professional judgment to determine whether to dispense it.
  • A pharmacist may decide, in their professional judgment or as required by law or policy, not to fill a prescription or to limit quantities. When that happens, we will communicate the decision to you and/or your prescriber consistent with applicable law.

Your Account and Account Information

You may need to create an account to use some Services, and you may be allowed to add family members or dependents to your account.

By creating and maintaining an account, you agree that:

  • All information you provide about yourself and any dependents is accurate, current, and complete at the time you provide it.
  • You will promptly update your account information when it changes.
  • You are responsible for maintaining the confidentiality of your login credentials (such as username and password).
  • You are responsible for all activities that occur using your account, unless and until you notify us of unauthorized use.
  • You will notify us immediately if you believe your account or password has been accessed without authorization.
  • You will not allow others to access the Services using your account.

We may disable, suspend, or close your account at our discretion if we believe it is being misused, compromised, or used in violation of these Terms or applicable law.

Privacy and Use of Your Information

Your account information, health information, and other personal information you provide through the Services are governed by:

  • Our Privacy Policy, and
  • Our HIPAA Notice of Privacy Practices.

By using the Services, you acknowledge that you have had an opportunity to review both documents. You also authorize us to use and disclose your information as described in those documents so we can provide the Services, operate our pharmacy, and comply with law.

To the extent you provide us information (including feedback, comments, or suggestions) that is not PHI or otherwise protected by privacy law, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, and create derivative works from that information for the purpose of operating, improving, and developing the Services, consistent with our Privacy Policy.

Ownership of the Services and Your License to Use Them

Ownership

The Services and all content accessible through them—including text, graphics, logos, icons, software, images, videos, audio, and other materials (collectively, “Content”)—are owned by or licensed to AccuMix and are protected by copyright, trademark, and other intellectual property laws.

Limited License to You

Subject to your compliance with these Terms, AccuMix grants you a limited, personal, non-transferable, non-sublicensable, revocable license to access and use the Services and Content for your own non-commercial purposes, and, if applicable, for the non-commercial benefit of family members or dependents who have authorized you to manage their care and are linked to your account.

Except for this limited license, no rights are granted to you in or to the Services or Content. You may not use, copy, reproduce, publicly display, transmit, or distribute the Services or Content for any commercial purpose without our prior written consent.

6.3 Feedback

We appreciate feedback about how we can improve. If you send us comments, suggestions, or ideas, you understand that:

  • We are free to use them without restriction or compensation to you; and
  • Such feedback is considered non-confidential (unless it contains PHI, in which case we treat the PHI portion consistent with HIPAA and our Privacy Policy).

Communications with AccuMix (Email, SMS, Phone)

Consent to Electronic Communications

By providing contact information and using the Services, you consent to receive communications from AccuMix and our service providers, which may include:

  • Emails
  • SMS/text messages
  • Phone calls
  • In-app or portal notifications (if applicable)

We may contact you at any email address, phone number, or mobile device number associated with your account or that you otherwise provide to us, for purposes including:

  • Order status
  • Delivery updates
  • Refill reminders
  • Account or security notices
  • Service-related updates and support
  • Optional marketing or educational content (where allowed by law and your preferences)

You may opt out of certain marketing communications at any time, but we may still contact you for important service, safety, or legal reasons.

You can revoke your consent to non-essential electronic communications by contacting us at (866) 817-5303 or notifications@accumixrx.com, subject to legal and operational requirements. You may not be able to opt out of certain necessary transactional messages (for example, order confirmations or important safety alerts).

SMS/Text Messages

We may communicate with you by SMS, MMS, or similar text technologies. Message frequency may vary based on your prescriptions and preferences. Examples of messages include:

  • Account verification codes
  • Order, shipping, or delivery updates
  • Refill reminders

Data we may obtain in connection with text messaging includes:

  • Your mobile number
  • Your carrier name
  • The date, time, and content of messages

AccuMix does not charge a separate fee for texts, but standard message and data rates from your carrier may apply. You are responsible for any such charges.

You can opt out of text messages at any time by replying STOP to a message from us. You may also reply HELP to receive additional assistance by text, or contact us at [phone number] for help with SMS.

We may modify or discontinue any text messaging programs, with or without notice, as permitted by law. Carriers are not responsible for delayed or undelivered messages.

Privacy Risks of Electronic Communications

While we use reasonable safeguards, electronic communications can never be completely secure. By using the Services and communicating electronically with us, you acknowledge:

  • Electronic messages (including texts and emails) may be intercepted or accessed by unauthorized parties.
  • Someone with access to your devices or accounts may see communications from us that contain health-related information.

Please contact us if you wish to adjust how we communicate with you.

Telephone Counseling

By accepting these Terms, you acknowledge that:

  • In many cases, we may provide medication counseling by phone, and you may contact our pharmacists during business hours with questions.
  • If you prefer not to receive unsolicited counseling calls, you can notify us, but this does not limit calls required for safety, regulatory, or quality reasons.

You may reach a licensed pharmacist at (866) 817-5303 during posted business hours for medication counseling and questions.

Payment Obligations; No Returns of Dispensed Medication

Third-Party Payment Processing

We may use one or more third-party payment processors to handle payments. These processors may store and process your payment information according to their own terms, conditions, and privacy policies, in addition to ours.

Where we use a payment processor, that processor—not AccuMix—stores your full card information. We may store payment tokens and limited details necessary to facilitate charges and refunds.

Your Responsibility for Charges

You are responsible for:

  • Any copays, coinsurance, or deductibles set by your insurance plan.
  • Payment for medications, products, and services that are not covered by insurance or for which you choose to pay cash.
  • Any shipping, handling, or other fees disclosed at the time of purchase.

By providing a payment method, you authorize us and/or our payment processor to charge that payment method for the amounts due. If charging your primary method fails, you authorize us to attempt to charge any other valid payment method linked to your account, where allowed.

If we cannot obtain payment and are unable to reach you to resolve the issue, we may suspend certain Services (including future shipments) until payment issues are resolved.

No Returns or Refunds on Dispensed Prescriptions

Because of pharmacy laws and safety regulations, we generally cannot accept returns of dispensed prescription medications, even if unopened. Once a medication has been dispensed and shipped or delivered to you, the sale is typically final, and refunds are not available, except where required by law or pharmacy policy.

If there is a concern regarding a shipment (for example, damaged package, wrong medication, or quality concerns), contact us immediately at [pharmacy phone number] or [support@accumixrx.com] so we can investigate and address it.

Health-Related Content; Medication Guides; Renewals

Health-Related Content Is Not Medical Advice

Any health-related content provided through the Services (including articles, FAQs, educational materials, or other information) is for general information only and is not a substitute for medical advice from a licensed healthcare professional.

You should always:

  • Review official product information, including package inserts and medication guides, for dosage, warnings, interactions, and other critical details.
  • Consult your prescriber, another healthcare provider, or our pharmacists if you have any questions about your medications.

You understand that AccuMix is not responsible for decisions you make solely based on general health-related content available through the Services.

If you have an urgent or emergent medical condition, call 911 or your local emergency number immediately.

Digital Medication Guides

Where permitted by law, we may provide medication guides and similar materials in digital form (for example, via email or portal). By accepting these Terms, you consent to receive such guides electronically where allowed.

If you prefer a paper copy of a medication guide or other printed materials, you can request them at any time by contacting us.

Contacting Providers for Prescription Renewals

You agree that AccuMix may contact your prescriber or clinic to request renewals or clarifications for your prescriptions when needed to continue your therapy safely and appropriately.

If you do not want AccuMix to contact your provider for renewals, please notify us. However, this may affect our ability to continue filling your prescriptions without new orders from your prescriber.

Disclaimers; Limitation of Liability; Indemnification

Third-Party Sites and Services

The Services may provide links to third-party websites or services that are not owned or controlled by AccuMix. You are responsible for reviewing these third parties’ terms and policies.

AccuMix is not responsible for:

  • The content, actions, or policies of third-party sites or services;
  • Any products or services you obtain from third parties.

Your use of third-party sites or services is at your own risk.

Disclaimer of Warranties

To the fullest extent permitted by law:

  • The Services and Content are provided “AS IS” and “AS AVAILABLE,” with no guarantees of any kind.
  • We disclaim all express or implied warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
  • We do not guarantee that the Services will be uninterrupted, secure, error-free, or free of harmful components, or that any defects will be corrected.
  • We are not responsible for acts, omissions, or content of any third parties in connection with your use of the Services.

Your sole remedy for dissatisfaction with the Services or Content is to stop using the Services.

Limitation of Liability

To the fullest extent permitted by law, neither AccuMix nor its owners, directors, officers, employees, contractors, agents, or suppliers will be liable to you (or any third party claiming through you) for:

  1. Any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost data, or loss of goodwill, arising out of or in connection with these Terms or your use of (or inability to use) the Services; or
  2. Any direct damages in an amount greater than the higher of:
    • The total fees you paid to AccuMix for the Services at issue in the three (3) months immediately preceding the event giving rise to the claim, or
    • One thousand U.S. dollars (US $1,000).

These limitations apply even if we have been advised of the possibility of such damages. Some jurisdictions do not allow certain limitations or exclusions of liability, so portions of this section may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless AccuMix, its affiliates, and each of their respective directors, officers, employees, contractors, agents, and representatives (collectively, the “AccuMix Parties”) from and against any third-party claim, demand, loss, liability, or expense (including reasonable attorneys’ fees) arising out of or related to:

  • Your use of the Services or Content;
  • Your violation of these Terms; or
  • Any other person’s use of the Services using your account or credentials.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with us in asserting any available defenses.

Termination

Our Right to Suspend or Terminate

We may suspend, limit, or terminate your account or access to all or part of the Services, at any time and for any lawful reason (or no reason), including if we believe that:

  • You have violated these Terms or applicable law;
  • You are misusing or abusing the Services;
  • Your account has been compromised; or
  • It is necessary to protect our operations, other users, or third parties.

We may do this with or without notice, as permitted by law.

Your Right to Stop Using the Services

You may stop using the Services at any time and may request account closure by contacting us. We will be sorry to see you go, but we respect your choice.

Effect of Termination

Upon termination (by you or us):

  • Your right to use the Services ends immediately, subject to any continuing rights you have under law.
  • These Terms terminate with respect to you, except for provisions that by their nature should survive termination (such as payment obligations, disclaimers, limitations of liability, indemnification, dispute resolution, and any other provisions that must survive to give effect to their intent).
  • Termination does not relieve you of obligations that accrued prior to termination (for example, unpaid charges).

If you return to use the Services after termination, you will again be subject to the then-current version of these Terms.

Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

Governing Law

Except where prohibited by applicable law, these Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Illinois, together with applicable federal law, without regard to conflict-of-law principles.

Informal Resolution First

We would prefer to resolve issues without formal legal action. Before starting arbitration or a lawsuit, you agree to first contact us at legal@accumixrx.com and give us a reasonable opportunity (at least 30 days) to resolve the dispute informally.

We will attempt to contact you using the email address associated with your account.

Agreement to Arbitrate and Class Action Waiver

Except as described under “Exceptions” below and where prohibited by law, you and AccuMix agree to resolve most disputes through binding, individual arbitration, rather than in court.

  • No Class Actions. You may only bring claims against AccuMix on an individual basis. You may not bring a claim as a plaintiff or class member in a class, collective, consolidated, or representative action.
  • Arbitration Forum and Rules. Arbitration will be conducted by a single neutral arbitrator through JAMS (or a similar arbitration administrator if JAMS is unavailable), under the applicable consumer arbitration rules (the “Rules”) in effect when the arbitration is filed.
  • Location of Arbitration.
    • If you reside in the U.S., arbitration will usually occur in the state where you reside or another location we mutually agree on.
    • If you reside outside the U.S., arbitration will occur in Illinois, or another mutually agreed location.

You and we agree that the arbitrator:

  • Will apply these Terms and the same law that would apply in court (subject to this arbitration provision);
  • May award the same damages and relief a court could award (including injunctive or other equitable relief); and
  • Will issue a written decision explaining the essential findings and conclusions.

This arbitration agreement is governed by the Federal Arbitration Act (FAA).

Opting Out of Arbitration

You may opt out of this agreement to arbitrate by sending us a written notice within 30 days after you first accept these Terms. Your notice must include:

  • Your full name
  • Your mailing address
  • A clear statement that you want to opt out of arbitration under these Terms

Send the notice to:

AccuMix Pharmacy, LLC – Legal

655 West Grand Ave, Suite 240 

Elmhurst, IL 60126 (Attention: Legal)

If you opt out, you will still be bound by the rest of these Terms, and you can continue to use the Services.

Arbitration Fees and Costs

JAMS rules (or the applicable administrator’s rules) will govern the payment of filing fees and arbitrator fees. Where required by JAMS consumer minimum standards, your share of arbitration fees will be limited to the amount you would pay to file a claim in a court of competent jurisdiction; we will pay the remaining arbitration fees to the extent required.

Unless the arbitrator finds that a claim or defense was frivolous or brought in bad faith, each side will generally bear its own attorneys’ fees and costs, unless applicable law provides otherwise.

Exceptions to Arbitration

You or we may choose to bring:

  • Individual claims in small claims court (if they qualify), or
  • A lawsuit solely for injunctive or equitable relief (for example, to stop misuse of intellectual property or violations of law that require immediate court action).

In those limited cases, the arbitration and class waiver provisions do not apply to the extent such relief is sought.

Waiver of Jury Trial

To the extent a dispute is not subject to arbitration, you and AccuMix agree to waive any right to a jury trial, to the fullest extent permitted by law.

General Terms

Entire Agreement

These Terms, together with our Privacy Policy and HIPAA Notice of Privacy Practices, represent the complete and exclusive understanding between you and AccuMix concerning the Services and supersede all prior written or oral agreements or understandings relating to that subject matter.

Headings

Section headings in these Terms are for convenience only and do not affect interpretation.

Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

No Waiver

Our failure to enforce any provision of these Terms does not waive our right to enforce it later. Any waiver must be in writing and signed by an authorized representative of AccuMix.

Assignment

You may not assign, transfer, or delegate these Terms or your rights or obligations under them without our prior written consent. We may assign or transfer these Terms or our rights and obligations under them at any time, including in connection with a merger, acquisition, or sale of assets.

No Third-Party Beneficiaries

Except as expressly stated, these Terms are for the benefit of you and AccuMix only and do not create any rights for any other person or entity.

Notices

We may provide notices to you:

  • By posting on the Services,
  • By email to the address associated with your account, or
  • By other reasonable means.

You agree that electronic communications satisfy any legal requirement that communications be in writing.

Any notices you send to AccuMix that are required under these Terms should be sent to:

AccuMix Pharmacy, LLC – Legal

655 West Grand Ave, Suite 240

Elmhurst, IL 60126

Email: legal@accumixrx.com

Healthcare Law Compliance; Reporting Concerns

AccuMix is committed to complying with federal and state healthcare laws, including rules aimed at preventing fraud, waste, and abuse.

If you suspect fraud, waste, or abuse related to our Services, you are encouraged to report it. You may do so by contacting:

Reports may be made anonymously where permitted. We will use good faith efforts to maintain confidentiality consistent with law.

Copyright Infringement (DMCA)

We respect the intellectual property rights of others and expect users to do the same. If you believe that material on our Services infringes your copyright, you may send a notice that complies with the Digital Millennium Copyright Act (“DMCA”) to our designated agent:

DMCA Agent – AccuMix Pharmacy, LLC

Email: dmca@accumixrx.com

Your notice should include all information required by the DMCA (see www.copyright.gov for current requirements). It is our policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers.