TERMS
(last updated 10/13/2009)
Welcome to the IWANTMYT3 website. IWANTMYT3 provides a web site and internet-based services offering a secure, private transactions relating to prescription, laboratory, and supplements. In addition, IWANTMYT3 offers patient education on related health topics
1. Terms of Use. All sales are final, no refunds. The IWANTMYT3 Services are offered to you under, and you agree to be bound by, the terms and conditions of this Terms of Use. The IWANTMYT3 Services are only available to users that have an existing patient-healthcare provider relationship with a physician. IWANTMYT3 will verify your current prescription for thyroid medication with your pharmacy. We reserve the right to update or change these Terms of Use at any time and for any reason by posting the modified Terms of Use. Your continued use constitutes your agreement to be bound by any such revisions and you should therefore periodically visit this page of the website and print the latest version of the Terms of Use for your records. The date of the last update to these Terms of Use is stated at the top of this document.
Please read this Agreement carefully. It is a legally binding contract. By clicking "I Agree" below and accessing or using the IWANTMYT3 Services, you agree to be bound by the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you are not authorized to access or use the IWANTMYT3 Services and/or any of its components.
2. Use of Services.
NOT FOR EMERGENCIES. The IWANTMYT3 Services are not for use for medical emergencies or urgent situations. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
Cost. IWANTMYT3 charges an annual subscriber fee of $95. This fee includes full access to all educational information included on our web site, monthly educational newsletter, and a written prescription for your thyroid medication.
Supplement sales and laboratory costs are not included in the annual subscription fee. Payment for these products and services is made separately.
Medical Disclaimers. IWANTMYT3 makes no warranty as to the content of any treatment response. You agree to contact your Provider immediately should your condition change or your symptoms worsen. If you are experiencing an emergent or urgent condition, you should contact your local emergency services immediately.
Prescriptions. You agree that any prescriptions that you acquire through the IWANTMYT3 Services shall be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact your Provider if you have any questions regarding the prescription.
Educational Resources. IWANTMYT3 may send you information regarding common medical and health related topics or preventive care messages containing specific medical and health related information with links to other related Web sites. Additionally, IWANTMYT3 may make available self care informational services which provide general medical and health information These communications and resources are not comprehensive medical text and do not include all the potential information regarding the subject matter. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific medical diagnosis and treatment or healthcare consultation or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by IWANTMYT3. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment. IWANTMYT3 makes no warranty as to the content
Your Account. You represent and warrant that you are at least eighteen years of age and that you possess the legal right and ability to enter into this Terms of Use, register on the IWANTMYT3 Services under your own name and to use the IWANTMYT3 Services in accordance with this Terms of Use and abide by the obligations hereunder. You are solely responsible for maintaining the confidentiality of your password, and for all activities that occur under your password. You agree to prohibit anyone else from using your password and immediately notify IWANTMYT3 of any unauthorized use of your password or other security concerns of which you become aware.
Intellectual Property. IWANTMYT3 hereby grants you a limited, revocable, non-transferable and non-exclusive license limited solely to viewing or downloading a single copy of the material on the IWANTMYT3 web site and to use solely for you personal, noncommercial use. IWANTMYT3 retains all right, title and interest in and to IWANTMYT3, the IWANTMYT3 Services and any content, products, documentation, software or other materials on the IWANTMYT3 web site, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing. The information available through the IWANTMYT3 Services is the property of IWANTMYT3 or its licensors and is protected by United States copyright, trademark, and other intellectual property laws. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information owned by IWANTMYT3 or its licensors received through the IWANTMYT3 Services to anyone, including but not limited to others in your organization. Any copy made of information obtained through the IWANTMYT3 site must include the copyright notice. Use, reproduction, copying, or redistribution of IWANTMYT3 logos is strictly prohibited without written permission from IWANTMYT3. .
3. Legal Notices and Disclaimers.
General Disclaimers. YOU ACKNOWLEDGE THAT YOUR USE OF THE IWANTMYT3 SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW IWANTMYT3 AND ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, "AFFILIATES") HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, IWANTMYT3 AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE IWANTMYT3 PRODUCTS AND SERVICES PROVIDED HEREUNDER.
Limitation of Liability. IN NO EVENT SHALL IWANTMYT3 NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (i) THE PURCHASE PRICE FOR THE PRODUCT, OR (ii) IN THE EVENT NO PURCHASE PRICE WAS PAID OR REQUIRED, $1,000. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL IWANTMYT3 NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR ANY SERVICE OFFERED THROUGH THIS WEB SITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON THIS WEB SITE., EVEN IF AN AUTHORIZED REPRESENTATIVE OF IWANTMYT3 IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURSIDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY, SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS.
4. Privacy. IWANTMYT3 respects your privacy and takes privacy very seriously. By accepting this Terms of Use, you consent to the use and disclosure of personally identifiable information provided to us as outlined in our Privacy Policy, which is incorporated herein by reference.
5. General Legal Provisions.
Third Party Sites. Although the IWANTMYT3 may include links providing direct access to third-party Internet sites as a convenience, the inclusion of a link does not imply endorsement of the linked site by IWANTMYT3. IWANTMYT3 takes no responsibility for the content or information contained on those other sites, and does not exert any editorial or other control over those other sites. Nor does IWANTMYT3 take responsibility for the privacy policies and practices of these third-party links.
Operation and Record Retention. IWANTMYT3 reserves complete and sole discretion with respect to the operation of the IWANTMYT3 Services. IWANTMYT3 may, among other things withdraw, suspend or discontinue any functionality or feature of the IWANTMYT3 Services. IWANTMYT3 is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers. IWANTMYT3 reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the IWANTMYT3 Service pursuant to its internal record retention and/or destruction policies. A copy of IWANTMYT3’s record retention and destruction policies are available upon written request.
Limitations on Use. You agree not to access or use the IWANTMYT3 Services in an unlawful way or for any unlawful purpose. You shall send e-mails to other parties solely for personal communication and no other purposes, including commercial purposes, or for mass distributions of unsolicited e-mails. You agree not to post or transmit: (a) a message under a false name; or (b) any information which (i) is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, Trojan horse or other code which is contaminating or destructive to the files or programs of IWANTMYT3 or any of its users. IWANTMYT3 reserves the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.
Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS IWANTMYT3, AND THEIR RESPECTIVE AFFILIATES FROM AND AGAINST ALL LOSSES, LIABILITY, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF OR RELATED TO ANY BREACH OF THIS TERMS OF USE, YOUR RELATIONSHIP WITH YOUR PROVIDER, ANY NEGLIGENT OR WRONGFUL ACTION OR OMISSION BY YOU RELATED TO YOUR USE OF SERVICES THROUGH IWANTMYT3, OR ANY NEGLIGENT OR WRONGFUL USE OF THE IWANTMYT3 SERVICES (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING YOUR ACCOUNT.
Third Party Rights. The indemnification provisions set forth above and the provisions under Section 3 Legal Notices and Disclaimers are for the benefit of IWANTMYT3, IWANTMYT3 Payors and their respective affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Term and Termination. This Terms of Use shall commence upon the date you first access or use the IWANTMYT3 Services and/or complete the registration process. Either you or IWANTMYT3 may terminate this Terms of Use and your right to use the IWANTMYT3 Services at any time, with or without cause. However, if termination is requested or occurs outside of annual subscriber renewal period, no refund will be given. Upon any termination, you will destroy all copies of IWANTMYT3 materials in your possession and cease any access to or use of the IWANTMYT3 Services.
Notice. IWANTMYT3 may provide notice by e-mail to the e-mail address you provided IWANTMYT3 in registration, by a general notice on the IWANTMYT3 Web site, or by written communication delivered by first class U. S. mail or express courier to your address on record in the IWANTMYT3 Services account information. You may give notice to IWANTMYT3 at any time via electronic mail to questions@iwantmyt3.com or by letter delivered by first class postage prepaid U. S. mail or overnight courier to IWANTMYT3, PO Box
Severability. The provisions of this Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.
Entire Agreement. This Terms of Use, together with any IWANTMYT3 rules or policies referred to herein, represents the complete agreement between you and IWANTMYT3 concerning the subject matter hereof, and it replaces all prior oral or written communications concerning such subject matter. IWANTMYT3 may modify this Terms of Use as set forth above.
Assignment. You may not assign, transfer or delegate this Terms of Use or any part of it without IWANTMYT3's prior written consent. IWANTMYT3 may freely transfer, assign or delegate all or any part of this Terms of Use, and any rights and duties hereunder. This Terms of Use will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.
Waiver. Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Terms of Use, shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver.
Governing Law. This Terms of Use shall be governed by and construed in accordance with the laws of the State of Wisconsin without giving effect to any choice of law rules or principles. Any cause of action or claim you may have with respect to IWANTMYT3 must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable. To the fullest extent permitted by law, each party to this Terms of Use waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to the IWANTMYT3 Services or web site.