text:
Pharmazam has developed and
sells a proprietary state of the art HIPAA compliant Medication Management
System, the ("Pharmazam System"), which includes mobile apps, internet
applications, customized internet support portals, specialized monitoring and
reporting applications, kiosks, and other specialized systems and delivery and
support methods. The Company also provides access to physician ordered and
reviewed specialized tests and FDA cleared test kits which consist of a PGx swab
test kit ("Pharmazam PGx"), blood drop allergy test kit ("Pharmazam A"), 3rd party
laboratory processing of said kit, logistics of all shipping and information
routing, result submission to software managed access points and inclusion into
Pharmazam System to produce real-time patient specific reports so that user's
physicians can have the most up-to-date information available in order to be
able to provide the highest level of healthcare to their patients which
separately are identified as Company ("Product(s)"). Tests that may be ordered
through the use of the PGx test kit are the basic test that tests for most
prescribed drugs, the enhanced test that is the basic test plus the top 100
over-the-counter medications, the comprehensive test that is the basic and
comprehensive test plus the top 100 vitamins and supplements. The blood drop
IgE allergy test kit is an allergy test that tests for common allergens
including latex and gluten.
Pharmazam also developed and
sells additional software named P-AI, more particularly described as the
Pharmazam Automated Critical Health Medication Notification Engine, which
provides automatic real-time analysis of an entire patient population, that
also alerts on potential adverse drug reactions and drug to medical conditions
and issues, with regards to drug to gene, drug to allergy, drug to food and
drug to lifestyle. P-AI automatically identifies chronic care patients and
alerts on potential unseen medical issues which may be resolved through the
utilization of the Pharmazam System.
The Pharmazam System is a
non-diagnostic information based medication management system that collects and
organizes patient specific healthcare information from 3rd parties and then
provides simple reports to assist healthcare providers in prescribing the best
medications and treatment plans. Third party information includes but is not
limited to national healthcare databases,
individual test results, and information provided by the user. The
Pharmazam System and Pharmazam System Services are not intended to replace your
physician, cure, diagnose or treat diseases and you should never alter any
prescribed treatment plan or change any prescribed medications without the
consent of your physician. All information provided by Pharmazam is only as
accurate as the information Pharmazam collects and all reports should be
reviewed with your physician. Pharmazam is not responsible for any reporting
errors that were caused by inaccurate or incomplete information provided by any
3rd party including the user. The user agrees to have their physician or
healthcare provider review any report prior to making any healthcare decision
inclusive of changing any medication or prescribed treatment plan.
Reports should be reviewed
by your physician prior to changing any prescribed medications or treatment.
These terms and conditions
shall govern your use of the Pharmazam System and corresponding Products,
Software and Services. These Terms of Service and Conditions ("Terms") govern
your use of our test kits, our websites, including www.pharmazam.com, the
Pharmazam mobile and web based applications, memberships, the Pharmazam System
and other Pharmazam Products, Software and Services (collectively, "Pharmazam
System Services") and is a legal agreement between you and Pharmazam. You can
accept the Terms of Service and Conditions by clicking to accept or agree to
the Terms or by actually using Pharmazam System Services.
You must accept these Terms to
use Pharmazam System Services. If you do not have an account, you accept these
Terms by visiting www.pharmazam.com or using any part of Pharmazam System
Services. If you do not accept these Terms, do not create an account, visit
www.pharmazam.com or use Pharmazam System Services. Registering as a User and
having your DNA or blood tested as a part of Pharmazam System Services results
in your personal, medical and genetic information being stored and processed
and you specifically consent to Pharmazam's storage and processing of the DNA,
blood sample and other personal data that you submit.
The Terms May Change
These Terms may be changed at
any time without notice. We may modify these Terms or any additional terms that
apply to reflect changes to the law or changes to Pharmazam System Services. You
should look at the Terms regularly. If we make minor changes to the Terms
without materially changing your rights, we will post the modified Terms on
www.pharmazam.com. We will notify you by email, text, through Pharmazam System
Services, or by presenting you with a
Terms of Service and Conditions to accept if we make a modification that
materially changes your rights. When you use Pharmazam System Services after a
modification is posted, you are telling us that you accept the modified Terms.
Our Privacy Policy
Any information that Pharmazam
collects through your use of Pharmazam System Services is subject to the
Pharmazam Privacy Policy, which is part of these Terms.
Pharmazam offers DNA and blood
drop allergy IgE allergy testing services that enable users to provide cell or
blood samples, from which we extract and perform pharmacogenetic testing on
their DNA and/or IgE allergy testing on their blood. We also provide online
services and a mobile or web based application where Users can obtain and provide
to third parties the results of the DNA and/or allergy blood test in order to
obtain comprehensive care in terms of medication management. This involves the
collecting, processing, storing and sharing of personal information and we want
to ensure that this is done in a responsible, transparent and secure
By using the Pharmazam Website,
test kits, mobile application, web based application and any other Pharmazam
System Services, you consent to Pharmazam's collection, use, storage and disclosure
of the personal information you provide in accordance with this Privacy Policy.
Most personal information on Pharmazam System Services is uploaded by Users. We
recognize the confidentiality of information that may be disclosed by Users in
registering or performing DNA or blood tests and we are committed to providing
privacy choices.
Pharmazam also complies with
all applicable U.S. laws, rules and/or regulations which govern the collection,
use and retention of personal data including, but not limited to, the Health
Insurance Portability and Accountability Act ("HIPAA"), the Health Information
Technology for Economic and Clinical Health Act ("HITECH") and the Genetic
Information Nondiscrimination Act ("GINA"), among others.
Notice of Privacy Practices
INFORMATION (PHI) to carry out treatment, payment, or healthcare operations and
for other purposes that are permitted or required by law. It also describes your
rights to access and control your PHI. Pharmazam takes the privacy of you and
your family's health information
We are required by law to keep your health information private and provide you
with this Notice of Privacy Practices. We will act according to the terms of
this Notice. We reserve the right to change this Notice of Privacy Practices
and to make any new practices effective for all PHI that we keep. Any changes
made to the Notice of Privacy Practices will be posted on our website: www.pharmazam.com.
PHI is information about you,
including demographic information, that may identify you and that relates to
your past, present, or future physical or mental health condition and related
healthcare services.
INFORMATION: We use and disclose health information about you only to
physicians that you authorize and request to see your information. You have the
authority to share your information from Pharmazam System Services with only
the people you choose to share it with. The following examples are not
comprehensive, but serve as a description of the types of uses and disclosures
that may be made. TREATMENT: We may use or disclose your PHI to a physician or
other healthcare provider providing treatment to you at the request of you or
your physician. PAYMENT: We do not share your information for the collections
of payments. HEALTHCARE OPERATIONS: We may use and disclose your PHI, as
needed, in order to support the business activities of our company. These
activities include, but are not limited to, quality assessment and improvement
activities, accreditation, certification, licensing, competency reviews, and
conducting or arranging for other business activities in which our company is
involved. We may share your PHI with third party business associates that
perform various activities on our behalf, such as billing. Whenever an
arrangement between our company and a business associate involves the use or
disclosure of your PHI, we will have a written contract in place that contains
terms that will protect the privacy of your PHI. We may contact you to follow
up to make sure you are happy with our service. We may use or disclose your
PHI, as necessary to obtain feedback from you regarding our services. We may
use or disclose your PHI as necessary to provide you with information about
health-related services that may be of interest to you. We may also use and
disclose your PHI for other marketing services. For example, your name and
address may be used to send you information about our company and the services
we offer. You do have the right to contact our Privacy & Security Office to
request that these materials not be sent to you. USES AND DISCLOSURES OF
PROTECTED HEALTH INFORMATION BASED UPON YOUR WRITTEN AUTHORIZATION: Other uses
and disclosures of your PHI will be made only with your written authorization,
unless otherwise permitted or required by law. You may revoke this
authorization, unless otherwise permitted or required by law. You may revoke
this authorization, at any time, in writing, except to the extent that
Pharmazam or Pharmazam business associates have
any action in reliance on the use of disclosure indicated in the authorization.
AUTHORIZATION, OR OPPORTUNITY TO OBJECT: In an emergency. When communication or
language is very limited. When required by law. When there are risks to public
health. To conduct health oversight activities. To report suspected child abuse
or neglect. To certain government agencies who monitor activity. In connection
with court or government cases. For law enforcement purposes. To coroners and
funeral directors and for organ donation. If health or safety is seriously
HEALTH INFORMATION: You have the right to review and to ask for a copy of your
health information. You may inspect and obtain a copy of your PHI that is
maintained in a designated record set for as long as we maintain PHI. A "designated
record set" contains medical, billing, and any other records that are used for
making decisions about you. In certain situations, you may not be allowed to
inspect or copy your PHI. For example, the Clinical Laboratory Improvement
Amendments (CLIA) only permit authorized persons, as defined by state law, to
receive clinical laboratory test records and results. You have the right to
request that access to your health information be limited. You may ask us not
to disclose any part of your PHI for the purposes of treatment, payment, and
healthcare operations. Any request must state the specific restriction
requested and to whom you want the restriction to apply. We will consider your
request, but are not legally required to accept it. In addition, you may not
limit the uses and disclosures that we are legally required to make. You have
the right to request to receive private communications in another way or at
another location. We will agree to reasonable requests. You have the right to
request changes to your health information. This means you may ask for changes
to be made (amended) in PHI about you in a designated record set for as long as
we keep this information. In certain cases, we may deny your request for a
change. If we deny your request, you have the right to file a statement with
Pharmazam's Privacy & Security Office, stating that you disagree. We may
prepare a response to your statement and will provide you with a copy of this
response. Requests for changes must be in writing to Pharmazam's Privacy &
Security Office and should state the requested time period. You have the right
to obtain a paper copy or electronic copy of this notice. You may also file a
written complaint with the Secretary of Health and Human Services
(www.hhs.gov/ocr/hipaa). We will not retaliate against you if you file a
complaint about our privacy practices.
COMPLAINT: Please contact Pharmazam if you have questions regarding your
privacy rights, or to make any of the requests
in this Notice of Privacy Practices. If you believe your privacy rights have
been violated, you may file a complaint by contacting Pharmazam's Privacy &
Security Office by phone, email, or mail at:
Toll Free: 888.972.9331 or
eMail us at: firstname.lastname@example.com or by mail at: Pharmazam, c/o Privacy &
Security Office, 12902 Commodity Place, Bldg 3, Tampa, FL 33626
HIPAA: Health Insurance
Portability and Accountability Act
This notice describes how
medical information about you may be disclosed and how you can get access to
this information. Please review this carefully.
In compliance with the 1996
Congressional act to protect the privacy of patient's protected health
information, Global Health Innovations, LLC will safeguard all client
information and will disclose or share only minimal information necessary for
the following purposes:
Treatment: Information
regarding current or past health information necessary for the agency to carry
out appropriate care of clients requesting home care services which may include
but is not limited to: History and physical, progress notes, laboratory
reports, x-ray reports, operative reports, consultation reports, hospital
discharge reports, hospital DNR, to be obtained from any clinic, hospital,
skilled nursing facility, physician office or health care agency involved in
present and future care.
Payment: Information requested
by the insurance company or Medicare necessary for the processing of claims for
payment of services.
Operations: Review of medical
reports by any peer review organization, accrediting body, state or regulatory
body for statistical or agency evaluation purposes only. Any information
disclosed will be held in strict confidence and not used for any public
If you feel that your privacy
rights have been violated you may contact Global Health Innovations, LLC, at
727-791-1200, 24 hours a day, 7 days per week and ask for the Director of
Operations. The director will investigate all claims and will provide you with
a written report of their findings within 10 days. If you are not satisfied
with the report and corrective action taken the director will provide you with
the appropriate state of federal organization and or telephone numbers to file
a complaint.
Health Innovations, LLC will maintain a log for each patient service which will
list what information was released and for what purpose. The patient has the
right to review this log upon request.
Information That Pharmazam
Here are some examples of the
types of personal information we request, collect or you provide:
1) Name, contact information
and payment details: Pharmazam asks
for your name, postal address, email address, phone number, and a password when
you register for an account as well as when you sign in to use certain features,
such as viewing your results. Pharmazam will also ask for payment details to
facilitate payment. The amount of other personal information you decide to
submit to Pharmazam is voluntary but you will not obtain the highest level of
care in determining your results if you choose to provide no additional
information. In order to provide the most accurate results it is recommended
that you provide your current medications list, known allergies, lifestyle
information, and medical history pertaining to certain illnesses and
2) Genetic information: This is generated when you submit a DNA sample and we
perform the DNA Test. The resulting genetic information, including the Results,
is kept by us or on our behalf by third parties with whom we contract. All DNA
samples are stored either at the testing laboratory or other storage facilities
and may be kept by us unless or until circumstances require us to destroy the
sample or it is no longer suitable for testing purposes. Pharmazam then owns
this information and the results.
3) Allergy IgE Blood Testing
Results Information: This is
generated when you submit a blood sample and perform the blood drop IgE allergy
test. The resulting allergy information, including the Results is kept by us or
on our behalf by third parties with whom we contract. All blood samples are
stored either at the testing laboratory or other storage facilities and may be
kept by us unless or until circumstances require us to destroy the sample or it
is no longer suitable for testing purposes. Pharmazam then owns the information
and the results.
4) Other Self-Reported
a. Medications: It's essential for Pharmazam to have up-to-date
records on all medications you're taking and instructs you to add any
medications you are currently taking.
b. Medical History: Pharmazam
needs a current list of your illnesses and conditions to help check for drug
compatibility with various illnesses and conditions and instructs you to add
current illnesses and conditions.
c. Allergies: Pharmazam requires an up-to-date list of your
allergies to check for drug compatibility and instructs you to add any known
d. Lifestyle Information: Eating, drinking and smoking can affect medications
and knowledge of certain lifestyle details helps Pharmazam to find safer drugs
for you. Pharmazam instructs you to enter lifestyle information pertaining to
foods, recreation and exercise.
5) Your opinions and
comments: If you post any comments on
the Website, within Pharmazam System Services or participate in community
discussions, blogs, chats, communications between us or between you and other
Users, in disputes and while communicating with member services, Pharmazam will
capture that information. You should be aware that any information you provide
in these areas may be read, collected, and used by others who access them. To
request removal of personal information from our blog or community forum,
contact us by the contact information below and we will consider it for
6) Minors: The Pharmazam Website and Pharmazam System Services
are intended for adults. Pharmazam relies upon parents or guardians 18 years of
age or older to determine if Pharmazam System Services are appropriate for use
by individuals under the age of 18. When a minor uses the Pharmazam Website
and/or Pharmazam System Services, the parent or guardian of that minor will be
held responsible for the minor's actions and are deemed to have consented to
the use of the minor's information by Pharmazam. By submitting a DNA or blood sample
of a minor, you represent that you are the minor's parent, legal guardian,
and/or have explicit permission from the minor's parent or legal guardian. We
do not knowingly seek or collect personal information from children under the
age of 18. If Pharmazam becomes aware that we have unknowingly collected
personal information from a child under the age of 18, we will make
commercially reasonable efforts to delete such information from our databases.
How Pharmazam Uses Your
Personally Identifiable Information
Pharmazam uses your personally
identifiable information to provide you with Pharmazam System Services. When
you provide us with any personal
which includes your DNA or blood sample, that personal information will be
stored and processed in the United States of America and you specifically
consent to the transfer, storage, and processing of that personal information
to and in the United States. Subject to the restrictions described in this
Privacy Policy and applicable law, we may use personal information for any
reasonable purpose related to the business, including to communicate with you,
to provide you information about Pharmazam System Services, to respond to your
requests, to update our product offerings, to improve the content on the
Pharmazam Website, to assist you in medication management, to let you know
about offers of interest from Pharmazam, and to prepare and perform
demographic, benchmarking, advertising, marketing, and promotional studies.
Accordingly, we may use personal information as follows:
1) To provide Pharmazam
System Services: We primarily use
personal information to provide you with relevant information such as the
Results, updates to your results, informational updates, or to address customer
service needs and requests. Pharmazam may also use information to let you know
about new features or other offers of interest. We also use personal
information to fulfil the purposes for which you have provided the personal
information, such as processing your order.
2) Verification: We will use personal information to verify your
identity so that you can utilize Pharmazam System Services offered through the
Pharmazam Website and mobile or web based applications, such as changing your
account information, retrieving a forgotten username or password, or completing
financial transactions relating to payments that you make.
3) For internal business
purposes: In order to improve the
Pharmazam Website and Pharmazam System Services or to develop new Products,
Software and/or Services, we may use personal information for internal data
analysis, to understand how Pharmazam System Services are used, identifying
usage trends and determining the effectiveness of marketing.
4) To communicate with you: Pharmazam may communicate with you for the purpose of
informing you about changes to Pharmazam System Services. Our communications
with you will generally be via email, but may be made via telephone, direct
mail or another method of communication in select circumstances.
5) To distribute advertisements:
Pharmazam will target advertising
based on personal information provided by users and site usage. This may
include gender, age, or geographic data. Pharmazam does not provide any
personal information to the advertiser when you interact with or view a
targeted ad.
by interacting with or viewing an ad you are consenting to the possibility that
the advertiser will make the assumption that you meet the targeting criteria
used to display the ad. These advertisers may place or utilize their own unique
cookies, pixels, or web beacons, and may collect non-personal information about
your visit to the Site, such as your IP address and the number of times you
have viewed an ad. Pharmazam is not responsible for the collection of these
cookies and is not responsible for what the ad service providers do with the
information they collect. We may bundle and share the non-personal information
we collect from you and other users with advertisers, third parties, trusted
partners and affiliates so that they display advertising that better suits the
interests of users of our Site.
How do we protect visitor
We implement a variety of
security measures to maintain the safety of your personal information. Your
personal information is contained behind secured networks and is only
accessible by a limited number of persons who have special access rights to
such systems, and are required to keep the information confidential. When you
place orders or access your personal information, we offer the use of a secure
server. All sensitive/credit information you supply is transmitted via Secure
Socket Layer (SSL) technology and then encrypted into our databases to be only
accessed as stated above.
Do we use "cookies"?
Yes. Cookies are small files
that a site or its service provider transfers to your computer's hard drive
through your Web browser (if you allow) that enables the site's or service
provider's systems to recognize your browser and capture and remember certain
information. They are used to help us understand your preferences based on
previous or current site activity, which enables us to provide you with
improved Pharmazam System Services. We also use cookies to help us compile
aggregate data about site traffic and site interaction so that we can offer
better site experiences and tools in the future.
You can choose to have your
computer warn you each time a cookie is being sent, or you can choose to turn
off all cookies. You do this through your browser (like Internet Explorer or
Google Chrome) settings. Each browser is a little different, so look at your
browser Help menu to learn the correct way to modify your cookies. If you turn
cookies off, you won't have access to many features that make your site
experience more efficient and some of the Pharmazam System Services will not
function properly. However, you can still place orders over the telephone by
contacting customer service.
allows third-party advertisers that are presenting advertisements for us to set
and access their cookies or pixel tags on your computer or otherwise use
Non-Personal Information. The advertiser's use their own privacy policies, not
Pharmazam's Privacy Policy. Also, the Website may also include social media
features or other interactive programs that run on our site. These features may
collect your IP address, record which page you are visiting on our site, or set
a cookie to enable the feature to function properly. Social media features and
widgets are either hosted by a third party or hosted directly on the Website.
Your interactions with these features are governed by the privacy statement of
the company providing it.
Disclosure of Personal
Information to Third Parties
1) In these instances: Your personal information may be shared with our
employees, contractors, consultants, affiliates and other parties who require
such information to assist us with establishing, maintaining and managing
Pharmazam System Services that we provide to you. If your personal information
is shared with third parties, we will only provide the information they need to
deliver the service. Such third-party companies are prohibited from using your
information for any other purpose. We may collect, use or disclose your personal
information without your knowledge or consent where we are permitted or
required by applicable law or regulatory requirements to do so. Examples of the
limited scenarios where Pharmazam may disclose personal information to third
parties are: (a) with your knowledge and any relevant consents (for example,
when you decide to share your Results with others); (b) as described in
Pharmazam's Privacy Policy; (c) as may be required by law, regulatory
authorities, or legal process;(d) as permitted to protect the rights or
property of Pharmazam or other Users (including outside your country of
residence); (e) to enforce our Terms; (f) to prevent fraud or cybercrime; or
(g) to permit us to pursue available remedies or limit the damages that we may
2) To Pharmazam Companies: We may share personal information with Pharmazam
Companies so that they may provide services to Pharmazam and you (including to
communicate with you) as described in this Privacy Policy, or provide the
additional services of those Pharmazam Companies to you. Additionally, as our
business continues to grow and change, we might restructure, buy, or sell
subsidiaries or business units or possibly the entire company itself. In these
transactions, customer information inclusive of test results and DNA and blood
samples are often one of the transferred assets, remaining subject to promises
made in then prevailing privacy statements. Also, in the event that Pharmazam,
or substantially all of its assets or stock are
transferred, disposed of (in whole or part and including in connection with any
bankruptcy or similar proceedings), personal information inclusive of DNA and
blood samples and test results will as a matter of course be one of the
transferred assets.
3) Third party service providers:
Under the protection of appropriate
agreements, we may disclose personal information to third party service
providers we use to perform various tasks for us, including for the purposes of
data storage, consolidation, retrieval, analysis, or other processing, as well
as effective management of customer information and to help us communicate with
you. For example, we use third parties to process payments from you and to help
manage the Pharmazam Website and mobile or web based applications and relationships
with you. For performing the DNA and/or blood tests or storing samples we may
use approved specialized laboratories or storage facilities. These
third-parties are only given access to that information needed to perform their
services, and are prohibited from using it for other purposes. These third
parties may include affiliated and unaffiliated service providers in the United
States, Europe and in other jurisdictions.
Disclaimer: If you click away from our Pharmazam Website to visit
the site of any third-party advertiser or sponsor, you may be asked for your
payment card or other personal information in order to purchase or use the
products and services that those third parties offer. These companies have
their own privacy and data collection practices. We have no responsibility or
liability for these independent third party policies. You should therefore
review their privacy notices carefully if you have concerns about how personal
information may be used. In addition, when you visit any other sections of the
Pharmazam.com website, you will be subject to the Pharmazam Privacy Policy
which you should review and understand.
4) Mergers/acquisitions. In the event of any prospective or business
transaction or actual merger, acquisition by another company, business or asset
sale, divestiture, other changes in control or financial status, or
re-organization we may share or transfer personal information inclusive of DNA
and blood samples and test results with the other party or parties involved. We
will require the recipient to use the information in accordance with the terms
of Pharmazam's Privacy Policy.
Pharmazam strives to maintain
the highest level of security with regards to all personally identifiable
information associated with our Users. We have security measures in place to
attempt to protect against the loss, misuse or alteration of
data under our control. We use secure server software to encrypt financial
information and we only work with laboratories and third parties who have met
and commit to our security standards. While we cannot guarantee that loss,
misuse or alteration of data will not occur, we use extreme measures to prevent
this. It is your responsibility to prohibit unauthorized access to your
passwords and the unauthorized use of your computer. Pharmazam tries to protect
your personal information and ensure the security of your communications on our
systems, by maintaining physical, organizational and technological safeguards
designed to protect it against unauthorized use, disclosure or access of the
personal information we collect. However, we cannot ensure or warrant that any
information you transmit to us will stay safe and secure and you do so at your
own risk. Your information may be stored in whole or in part on equipment or in
facilities leased or licensed from others. Although Pharmazam makes all futile
attempts to keep your information safe, it relies on the statements of those
vendors regarding the safety and security of their storage equipment and
services as part of its evaluation. By using the Site, you agree that
Pharmazam is not responsible if the storage equipment and services provided by
others aren't working like they are supposed to, and that you will have to seek
any remedies from those providers, not Pharmazam.
Non-Personal Information,
Mobile Data
1) Non-Personal Information.
Your use of Pharmazam System Services
may result in the storage or collection of information that does not personally
identify you, such as demographic data, year of birth or age groups, geographic
areas, gender and the fact that a DNA and/or blood test is attached to your
account. This also includes computer-generated data that we automatically
collect, such as your activities on the Website, the website from which you
have come to the Pharmazam Website, your Media Access Control address, your
computer type, operating system version and Internet browser, as well as
information based on your interaction with the Website, such as web log-in
information, page views, and IP addresses. Non-Personal Information also
includes personal information such as the area you are from or gender. We have
to use your IP address, your device type, your website interactions, and other
Non-Personal Information to deliver the Website and Pharmazam System Services
to you and to help diagnose problems with our server. This helps us to compile
statistics about our Users and their use of the Website. We use these
statistics to improve the design and content of the Pharmazam Website and to
prepare and deliver our marketing programs. Because Non-Personal Information
does not personally identify you, we may use Non-Personal Information for any
purpose, including sharing that information with Pharmazam Companies and with
other third parties. In some instances, we may combine Non-Personal Information
with personal information. In the event that this information is combined, the
information will be treated by us as personal information, as long as it is
combined, and its use by us will be subject to Pharmazam's Privacy Policy.
2) Mobile Data. If you access Pharmazam System Services using a mobile
device (i.e. your phone or tablet), we may collect mobile device identifiers
such as the device type, IP address and the operating system. The Pharmazam
Website and mobile or web based applications may also collect other
non-personal information from your mobile device.
3) Device Information. We collect device-specific information such as your
hardware model, operating system version, unique device identifiers, and mobile
network information including your telephone number. Pharmazam may associate
this information with your account.
Email Communications and Opting
Pharmazam may provide email
newsletters and other communications with information that may interest you. If
you receive emails from us, you are (a) a current customer or otherwise have an
existing relationship with us, or (b) your email address is either listed with
us as someone who has expressly shared this address for the purpose of
receiving information in the future ("opt-in"). To unsubscribe
("opt-out"), simply reply to the email address on the bottom of any
email communication we send you. If you opt out of certain communications, you
may not be able to access certain Pharmazam System Services. If you would like
to opt-out of receiving communications from affiliates or other third parties
with whom we shared data in accordance with this policy, please contact such
third parties directly. If you have received unwanted, unsolicited email sent
via the Pharmazam system or purporting to be sent via the Pharmazam system,
please forward a copy of that email with your comments to firstname.lastname@example.com
for review.
Pharmazam uses some third parties
to show you related advertisements based upon your interests or online
behaviors. Any such targeted ads placed on our behalf will contain information
on or near them that informs you about the third party delivering you the ads
and how to opt-out of receiving such ads in the future.
System Services
By sending in a DNA and/or
blood sample for testing, you represent that you are eighteen (18) years of age
or older. In addition, you represent that any sample you submit is either your
DNA and/or blood or the DNA and/or blood of a person for whom you are a legal
guardian or have obtained legal authorization to provide their DNA and/or blood
to Pharmazam. By submitting DNA and/or blood samples to Pharmazam, you give
permission to Pharmazam to extract the DNA from the samples, perform genetic
tests on the DNA using test methods available now and developed in the future,
to perform blood allergy IgE testing on the blood sample, to disclose the
results of the tests performed to you and others that you authorize, to store
the samples for additional testing and archiving purposes, and to store the
results of the DNA and/or blood tests in accordance with this Agreement and
with the Pharmazam Privacy Policy. Any DNA and/or blood sample submitted to us
cannot be returned and shall be stored by Pharmazam or its agents.
By submitting DNA and/or blood
samples to Pharmazam, you grant Pharmazam, its officers, directors, employees,
agents and its subsidiaries a perpetual, royalty-free, world-wide, transferable
license to use your DNA and/or blood sample, and any DNA and/or blood sample
that you submit for any person from whom you obtained legal authorization as
described in this Agreement, and to use, host, sublicense and distribute the
resulting analysis to the extent and in the form or context we deem appropriate
on or through any media or medium and with any technology or devices now known
or hereafter developed or discovered. You hereby release Pharmazam from any and
all claims, liens, demands, actions or suits in connection with the DNA and/or
blood sample, the test or results thereof, including, without limitation,
errors, omissions, claims for defamation, invasion of privacy, right of
publicity, emotional distress or economic loss. This license continues even if
you stop using the Website, mobile or web based application, or Pharmazam
System Services.
If you are a User residing
outside the United States and providing a DNA and/or blood sample, you confirm
that this submission is not subject to any export ban or restriction in the
country in which you reside. You also agree that you have the authority, under
the laws of the state or jurisdiction in which you reside, to provide the
representations in this Agreement and you explicitly waive any laws or
regulations relating to DNA and/or blood testing and storage from the state or
jurisdiction in which you reside. You agree that the sample will be tested and
stored in the United States as provided in this Agreement. You further agree
that your Results may only be accessible through the Pharmazam Website,
Pharmazam mobile or web based applications and/or Pharmazam System Services and
that you may not be able to use the Results in a website targeted
your country of residence or hosted outside the United States. There are some
jurisdictions where Pharmazam System Services are not available at this time.
Modifications to Service
Pharmazam reserves the right at
any time and from time to time to modify or discontinue, temporarily or
permanently, Pharmazam System Services (or any part thereof) with or without
notice. You acknowledge and agree that (i) modifications may result in a delay
in computations for some Pharmazam System Services, and (ii) Pharmazam shall
not be liable to you or to any third party for any modification, suspension, or
discontinuance of Pharmazam System Services.
The Software that you use may
from time to time require you to download updates or may automatically download
and install updates from Pharmazam. These updates are designed to improve,
enhance, and further develop Pharmazam System Services and may take the form of
bug fixes, enhanced functions, new software modules, and completely new
versions. You agree to receive such updates (and permit Pharmazam to deliver
these to you) as part of your use of Pharmazam System Services.
You acknowledge that Pharmazam
may offer different or additional technologies, features or services to collect
and/or interpret genetic and/or blood test result information in the future and
that your initial purchase of Pharmazam System Services does not entitle you to
any different or additional technologies, features, Products, Software and/or
Services for collection or interpretation of your genetic information without
fee, and that you will have to pay additional fees in order to have your
genetic and/or blood sample information collected, processed, and/or
interpreted using any future Products, Software and/or Services or for the use
of any other future or additional technologies, features or future Pharmazam
System services.
Information Sharing
Pharmazam gives you the ability
to share information with other individuals who have Pharmazam accounts and to
other individuals such as physicians and healthcare providers through various
features of Pharmazam System Services. When you choose to share results
information or your account with another person, you will do so by providing
Pharmazam with that person's email address. We will inform your contact that
you requested the communication by using that email address. By choosing to
share information with another person, you confirm that the person has given
you consent for Pharmazam to communicate
him or her via email or through Pharmazam System Services. You may decide to
disclose your personal or account information to friends, family members,
doctors or other health care professionals and/or other individuals through the
use of Pharmazam System Services or outside of Pharmazam System Services,
including through third-party services that connect to our website and mobile
or web based applications. These third-parties may use your personal or account
information differently than we do under Pharmazam's Privacy Policy. Please use
careful consideration before making the choice to share your personal or
account information with other individuals and review privacy policies of all
other third-parties involved in the transaction.
Pharmazam will have no
responsibility or liability for any consequences that may result because you
have released or shared personal or account information with others. If you
have access to the personal or account information of another Pharmazam account
holder, we urge you to recognize your responsibility to protect the privacy of
each person within that account.
Anytime that you share genetic
information with another individual there is the possibility that it may be
used in a way that may adversely affect you inclusive of information sharing
with family, friends or employers. While the Genetic Information
Nondiscrimination Act was signed into law in the United States in 2008, its
protection against discrimination by employers and health insurance companies
for employment and coverage issues is vague and GINA does not cover life or
disability insurance providers. Some states and other jurisdictions have laws
that protect individuals with regard to their genetic information and you may
want to consult legal counsel to understand the extent of legal protection of
your genetic information before you share it with anyone. Genetic information
that you choose to share with your physicians or other health care providers
may become a part of your medical record and may be accessible to other health
care providers and/or insurance companies. It is possible that in the future
certain genetic information about you may become information that is used in
certain instances that may not be used or known about today.
Informed Consent for
Pharmacogenetic (PGx) Testing
Patient Education
Information for Use with the Pharmazam Informed Consent for Pharmacogenetic
Many new advances are occurring
in medicine, especially in the field of pharmacogenetics. The following
information was prepared by Pharmazam and their qualified healthcare providers
in compliance with the law to help answer
questions about pharmacogenetic testing. Our goal is to make sure you are well
informed before you decide to give a sample for testing. The following was
developed to help you and your healthcare provider discuss information that you
should understand before consenting to a genetic test. Genetic testing is
voluntary. Only you can decide if you want to be tested. You may want more
information before you decide what to do. The information provided explains the
purpose of the test. If you still have unanswered questions, be sure to ask
your physician, nurse, nurse practitioner, physician assistant, Pharmazam
medically trained staff, qualified healthcare providers or a genetic counselor
before you agree to have the pharmacogenetic test being offered to you.
1. What is a pharmacogenetic
test and what is its purpose? A PGx
test is an assay designed to study interindividual variations in DNA sequence
related to drug absorption and disposition or drug action. It's a non-invasive
genetic test utilizing either an oral swab or saliva specimen to identify how a
patient's genetic profile may impact his or her response to certain
medications. Two patients, with the same diagnosis and prescribed the same
medication and dose, may exhibit significantly different clinical responses.
The purpose of pharmacogenetic testing is to find out if a medication is right
for you. A small cell sample can help determine:
Whether a medication may be an effective treatment for
What the best dose of a
medication is for you
Whether you could have
serious side effects from a medication
The information from the test
may provide healthcare providers a faster and more effective path to optimal
medication management, helping to maximize the benefits of drug therapy while
minimizing the economic, physical, and emotional burdens of ineffective
medication trials while reducing adverse drug reactions. The PGx test also
offers healthcare providers the opportunity to individualize drug therapy for
people based on their genetic make-up.
2. What are the limitations
of pharmacogenetic testing? Genetic
testing is highly accurate, but there are some limitations, including the
a. Laboratory processing: All
certified laboratories have strict rules for handling samples from the time the
sample is received to the reporting of the results. In rare cases, problems may
occur in handling the sample, which might lead to incorrect results.
b. In the past, one single
pharmacogenomic test could not be used to determine how you would respond to all
medications and more than one pharmacogenetic test may have been needed if you
were taking more
one medication, however, the Pharmazam PGx test works on most prescribed
c. Previously, there were no
pharmacogenomic tests for aspirin and many over-the-counter pain relievers,
however, Pharmazam offers a PGx test that provides results on aspirin and the
top 100 over-the-counter medications.
3. What are the benefits and
risks of pharmacogenetic testing?
Benefits: There are several
possible benefits of pharmacogenetic testing. For example:
● Determines if an
individual has genetic variations that determine how they respond to
medications allowing doctors to make more informed decisions when prescribing
medications increasing the chance for successful treatment and reducing adverse
drug reactions, hospitalizations and potentially death.
● Provides a more
accurate method of determining a drugs proper dose.
● Eliminates trial and
error prescribing so that doctors can prescribe drugs that are better and safer
the first time.
● Genetically tailored
medicine reduces health care costs.
There is also possible risk in
pharmacogenetic testing. For example:
● Pharmacogenetic test
results don't necessarily mean the patient is not at risk for
adverse events or non-response because tests only capture known variants in
known genes. The patient may have a rare variant that may cause them to be more
sensitive or resistant to a medication.
4. How will the test be
carried out and how will I receive my results? The DNA sample will be collected using a sterile
buccal swab to collect cells from the surface of the skin from the inside of
your cheek. Once your results are cleared by the Pharmazam medical department,
you will receive an email with an identification code that may be put into the
Pharmazam system so that you may view your results.
5. What do the results of
pharmacogenetic testing mean?
Ultra-Rapid Metabolizers: Drugs are being broken down too fast which causes the
drug to be of no use to the body. Increased risk of toxicity due to high levels
of active drug.
Extensive Metabolizers: Normal
drug metabolism should be expected.
Intermediate Metabolizers: Often a reduced dose of drug is suggested with close
monitoring for adverse drug effects. Administration of inhibitors could result
in poor metabolizer ability; administration of inducers could increase
Poor Metabolizers: Drugs are not broken down well which could result in
too much of the drug in the body at one time. In some cases, the body may not
be able to break down drugs into their working form resulting in the drug not
working properly.
No Risk: The patient has normal Sensitivity to the medication
and it can be prescribed at standard label-recommended dosage and administration.
Moderate Risk: The patient has a less than normal Sensitivity or
increased Sensitivity to the medication. A dose increase or decrease may be
required. There may be an increased risk of medication side effects, increased
response to the medication or decrease in efficacy of the medication. The
patient may need to be closely evaluated prior to being prescribed the
medication or closely monitored while taking the medication.
High Risk: The patient has an increased Sensitivity to the
medication that would cause severe side effects, adverse reactions or possibly
death. Alternate medications should be prescribed.
5. What will happen to my
sample after the pharmacogenetic test is complete? All DNA samples are stored either at the testing
laboratory or other storage facilities and may be kept by us unless or until
circumstances require us to destroy the sample or it is no longer suitable for
testing purposes.
6. Who has access to my
sample and information from the test? Pharmacogenetic
tests are handled in a confidential manner, like other personal health
information. The person collecting your sample, Pharmazam staff and the people
in the laboratory performing the test will handle your sample. Pharmazam staff
and yourself will receive your test results. Your test results and medical
record are confidential. Your permission is required before your medical record
is released to anyone else.
7. What is the cost of
pharmacogenetic testing? The test
costs $299 plus any applicable tax.
Consent for Pharmacogenetic Testing
I understand that I am
requesting DNA based genetic testing to be ordered by a physician for variants
in drug metabolizing gene(s). I understand that genetic testing is voluntary
and only myself can decide if genetic testing is right for me or my family
member. I understand that biological samples will be collected using generally
accepted techniques. I understand that testing of my and/or my child's or my
children's sample(s) will be limited to the test(s) ordered by the physician.
I have received verbal
information from a physician, medically trained staff, genetic counselor and/or
the above written information that described, in words that I understood, the
nature of the genetic testing that I am about to undergo.
I understand that I am being
tested for variants in drug-metabolizing enzyme(s) that may affect the way I
metabolize certain medications. I will be classified as either a poor,
intermediate, extensive or ultra-rapid metabolizer, with extensive being normal
and the others meaning drugs will be metabolized at faster (ultra-rapid) or
slower rates (poor).
I understand this testing may
allow my doctor to more effectively prescribe medication(s) for me that are
most likely to work for me, based on my unique genetic profile. However, I do
understand that this testing does not take into account non-genetic factors
that may influence proper dosing and my doctor should interpret the results
relative to my clinical situation. Additionally, I understand that
pharmacogenetics testing can help my physician make critical adjustments to the
dosages of some medications, as well as avoid prescribing combinations of drugs
that may cause me to experience an adverse reaction.
The nature of DNA testing has
been explained to me verbally or via the above written information and the
accuracy of the test and its limitations have been detailed. I understand that
while results obtained from genetic testing are usually highly accurate,
infrequent errors may occur. The likelihood of this occurring has been
estimated to be less than 1%.
By accepting the Terms of
Service and Conditions I am hereby electronically signing this consent. I
consent to sending myself or give my health care provider or other authorized
entity permission to send my DNA sample to Pharmazam, which will be sent to a
laboratory for analysis.
I understand that The Genetic
Information Nondiscrimination Act (GINA) of 2008 (Public Law 110-233) prohibits
health insurance companies and employers from discrimination based on genetic
test results. I am consenting to Pharmazam,
laboratories and other third parties to store my DNA (genetic material) until
circumstances require them to destroy the sample or it is no longer suitable
for testing purposes.
I have been informed about the
nature, purpose, effectiveness, limitations, benefits and risks of the
Pharmazam PGx test. I understand the meaning of possible test results and have
been informed how I will receive the results.
I have had the opportunity to
have all of my questions answered by a qualified healthcare provider. I
understand that this consent is being obtained in order to protect my right to
have all of my questions answered before testing. I also understand that the
results of this testing will become part of my medical record and may only be
disclosed to individuals who have legal access to this record or to individuals
who I designate to receive this information.
I understand that this consent
form is intended to be used together with the patient education information
that is provided above and contains important information explaining the above
items. I have read both this consent form and the patient education
information. I may request a copy of the form and patient education information
from email@example.com for my records. Additionally, I had an opportunity to
review and read Pharmazam's Notice of Privacy Practices, which are located on
these Terms of Service and Conditions. By accepting the Terms of Service and
Conditions I am electronically signing this consent and my electronic
acceptance and signature indicates that I have consented to pharmacogenetic
testing and authorized Pharmazam and their laboratories to perform testing on
my specimen.
Genetic counseling is available
to the patient both before and after genetic testing and may also be beneficial
prior to electronically signing this consent form. Pharmazam can provide
genetic counseling over the phone. Alternatively, Pharmazam can make a referral
to an independent genetic counselor. Please call 888-972-9331 to make a
Consent for Blood Allergy
I consent to the collection and
testing of my blood for the purpose of blood drop IgE allergy testing. I
release Pharmazam, its affiliates, its contracted laboratories, SUN Clinical
Laboratory, and any other entity and individuals associated with Pharmazam
System Services and blood allergy IgE testing through Pharmazam System Services
from all liability arising from the collection and testing of my blood. I acknowledge
the results of blood drop IgE allergy testing can be affected by many factors
and does not constitute medical
or a diagnosis of any kind. I authorize Pharmazam, its affiliates, its
contracted laboratories and SUN Clinical Laboratory to release copies of my
laboratory results as necessary for operation, function and use of Pharmazam
System Services.
By accepting the Terms of
Service and Conditions I am electronically signing this consent and my
electronic acceptance and signature indicates that I have consented to blood
drop IgE allergy testing and authorized Pharmazam, their contracted
laboratories and SUN Clinical Laboratory to perform testing on my specimen.
Compliance with Law
We make no representation that
the DNA or blood allergy testing kit we provide to you will meet or satisfy
standards of any governmental body, including the U.S. Food and Drug
Who May Use Pharmazam
You may use Pharmazam System
Services if you are over 18 years of age and are not barred from receiving
services under applicable law. You may connect to Pharmazam System Services
using the Pharmazam mobile or web based applications; Pharmazam software;
approved third-party applications; or www.Pharmazam.com ("Authorized
Connections"). You may not connect to Pharmazam System Services via any
unauthorized application or third party connection. Any violation or attempted
violation of this provision may result in the immediate termination of your
ability to access Pharmazam System Services. If you have questions about
whether a product or application qualifies as an Authorized Connection, please
contact email@example.com.
Creating an Account
Full use of Pharmazam System
Services requires that you create an account. You are responsible for all
activity that occurs in association with your account. Pharmazam is not liable
for any loss or damages caused by your failure to maintain the confidentiality
of your account credentials. You are responsible for any activity with regards
to Pharmazam System Services arising out of any failure to keep your password
confidential, and may be held liable for any losses arising out of such a
failure. You must not allow any other person to use your account to access the
website and you must notify us in writing immediately if you become aware of
any unauthorized use of your account at firstname.lastname@example.com.
may need to contact you about your use of Pharmazam System Services. These
communications are part of the Pharmazam System Services and you may not
opt-out from receiving them.
The Necessity for Adequate
Full use of Pharmazam System
Services is dependent upon your use of a computer with adequate software or a
supported mobile device and Internet access. The maintenance and security of
this equipment may influence the performance of Pharmazam System Services and
it is your responsibility to ensure the equipment's functionality.
Your Content and Test Results
on Pharmazam System Services
By making your content and test
results available on or through Pharmazam System Services you grant to
Pharmazam a non-exclusive, transferable, sub-licensable, worldwide,
royalty-free license to use, copy, modify, publicly display, sell, publicly
perform and distribute your content and test results.
You are responsible for your
content and test results. You represent and warrant that Pharmazam owns your
content and test results or that you have all rights necessary to grant us a
license to use your content and test results as described in these Terms.
Pharmazam's Proprietary Rights
You acknowledge and agree that
Pharmazam and/or Pharmazam's licensors own all legal right, title and interest
in and to their Products, Software, Services, and/or Pharmazam System Services
including any intellectual property rights which are in effect in the Products,
Software, Services and/or Pharmazam System Services whether those rights happen
to be registered or not, and wherever those rights may exist. You further
acknowledge that the Products, Software, Services and/or Pharmazam System
Services may contain information which is designated confidential by Pharmazam
and that you shall not disclose such information without Pharmazam's prior
written consent.
You acknowledge and agree that
the Products, Software and Services used in connection with Pharmazam System
Services contain proprietary and confidential information that it protected by
applicable intellectual property and other laws. You further acknowledge and
agree that information presented
you through the Products, Software, Services and/or Pharmazam System Systems or
third parties is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by Pharmazam,
you agree not to and not to permit any other individual or party to modify,
rent, lease, loan, sell, distribute, or create derivative works of, reverse
engineer, decompile, or otherwise attempt to extract the source code of the
Products, Software, Services and/or Pharmazam System Services or any part
thereof, in whole or in part. Any and all Products, Software and Services that
are made available to you through Pharmazam System Services is the copyrighted
work of Pharmazam and/or its suppliers. Your use of the Products, Software,
Services and/or Pharmazam System Services is governed by the terms of the
Software License Agreement.
You agree that you shall not
remove, obscure or alter any proprietary rights notices (including copyright
and trademark notices) that may be affixed to or contained within the Products,
Software, Services and/or Pharmazam System Services.
Confidentiality Statement
Your health is a serious
personal matter and Pharmazam understands that confidentiality is of utmost
importance. To ensure your privacy, we offer a variety of payment options for
you to choose the method that is best for you.
Pharmazam uses only the highest
level of customer and web site security features so to guarantee your privacy
and security. It is our policy to never allow any 3rd party access to any of
your personal, financial or medical information.
If you have any questions on
our security processes, please contact us at email@example.com.
Your Test Results
You and only you receive your
test results unless you direct us in writing or through Pharmazam System
Services to forward your results to an additional 3rd party. Although some
positive results such as HIV are required to be reported to certain government
agencies only the minimum required information will be reported. Your privacy
is important to us and we use every care to secure your privacy rights.
Pharmazam System Services are
intended for your personal, non-commercial use.
Pharmazam grants you a limited,
non-exclusive, non-transferable, non-sub licensable license to access and view
the Pharmazam Content and access and use the software and mobile or web based
applications provided by Pharmazam System Services as authorized in these
Terms. This license is provided solely for your personal use and assistance
provided by Pharmazam System Services as permitted in these Terms.
You will not use, copy, adapt,
modify, prepare derivative works based upon, distribute, license, sell,
transfer, publicly display, publicly perform, transmit, broadcast or otherwise
exploit the Pharmazam Content, Pharmazam System Services or any portion
thereof, except as expressly permitted in these Terms. No licenses or rights
are granted to you by implication or otherwise under any intellectual property rights
owned or controlled by Pharmazam or its licensors, except for the licenses and
rights expressly granted in these Terms.
You may redistribute your test
results and account information in print or electronic form to any person or
through Pharmazam System Services.
Non-Permitted Use
You may not use our website in
any way or take action that causes or may cause damage, impairment of
performance, availability or accessibility to the website, mobile or web based
applications, and/or Pharmazam System Services. You may not use Pharmazam
System Services in any way that is unlawful, illegal, fraudulent or harmful or
in any connections with any unlawful, illegal, fraudulent or harmful purpose or
activity. You may not use Pharmazam System Services to copy, store, host,
transmit, send, use, publish, or distribute any material which consists of or
is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger,
rootkit or other malicious computer software. You may not conduct any
systematic or automated data collection activities on or in relation to our
website without our express written consent. You may not access or otherwise
interact with our website using any robot, spider or other automated means
except for the purpose of search engine indexing. You may not use data
collected from our website for any direct marketing activity inclusive of
contacting individuals, companies or other persons or entities and you must
ensure that all of the information supplied to us through Pharmazam System
Services is true, accurate, current, complete and non-misleading.
to the extent permitted by law, you may not perform, attempt to perform, or
encourage or assist others in performing any of the following while accessing
or using Pharmazam System Services: (1) use, display, mirror or frame Pharmazam
System Services or any individual element within Pharmazam System Services,
Pharmazam's name, any Pharmazam trademark, logo or other proprietary
information, or the layout and design of any page or form contained on a page,
without Pharmazam's express written consent; (2) access or tamper with
non-public areas of Pharmazam System Services, Pharmazam's computer systems, or
the technical delivery systems of Pharmazam's providers; (3) test the
vulnerability of any Pharmazam system or breach any security or authentication
measures; (4) circumvent any technological measure implemented by Pharmazam or
any of Pharmazam's providers or any other third party (including another user)
to protect Pharmazam System Services or Pharmazam Content; (5) access Pharmazam
System Services or Pharmazam Content through the use of any mechanism other
than through the use of an Authorized Connection, Pharmazam System Services or
Pharmazam API; or (6) modify, decompile, disassemble, reverse engineer, tamper
with or otherwise attempt to derive the source code of any software that
Pharmazam provides to you or any other part of Pharmazam System Services.
Our Enforcement Rights
We do not monitor access or use
of Pharmazam System Services, Pharmazam Content, or your content and test
results to review or edit any Pharmazam Content, but we have the right to do so
that we may operate Pharmazam System Services, to ensure compliance with our
Terms of Service and Conditions, and to comply with applicable law or other
legal requirements. We may consult with and disclose unlawful conduct to law
enforcement authorities. Pursuant to valid legal process we may cooperate with
law enforcement authorities to prosecute users who violate the law. We reserve
the right to remove or disable access to Pharmazam System Services, any
Pharmazam Content, or your content and test results at any time and without
notice, and at our sole discretion, if we determine that the Pharmazam Content,
your content and test results, or your use of Pharmazam System Services is
unacceptable or in violation of these Terms. We have the right to investigate
violations of these Terms of Service and Conditions and any conduct that
affects Pharmazam System Services.
Pharmazam System Services At Your Own Risk
Always consult your doctor when
making a healthcare decision. Your health care professional will be able to
help you assess your needs, potential interactions, benefits, and side effects.
Disclaimer: While every reasonable effort has been taken to ensure accuracy,
the content is not intended as a substitute for professional medical advice,
diagnosis, treatment, or medication management.
Our goal is to provide helpful
and accurate information through Pharmazam System Services. The accuracy of the
data collected and presented through Pharmazam System Services is not intended
to match that of a medical doctor, healthcare provider or pharmacist.
If you are a patient or
healthcare consumer, you should not use information found on this Site, our
mobile or web based applications, and/or Pharmazam System Services to replace a
relationship with your physician or other healthcare professional and should
not rely on that information as professional medical advice. Always seek the
advice of your physician or other qualified healthcare provider concerning
questions you have regarding a medical condition, and before starting, stopping
or modifying any treatment or medication. In the case of a health emergency,
seek immediate assistance from emergency personnel. Never delay obtaining
medical advice or disregard medical advice because of something you have or
have not read on this site or obtained through the use of Pharmazam System
Services and/or our mobile or web based applications.
The information (including,
without limitation, advice and recommendations) on this Site, in Pharmazam
System Services and our mobile or web based applications are intended solely as
a general educational aid and are neither medical nor health care advice for
any individual problem nor a substitute for medical or other professional
advice and services from a qualified health care provider familiar with your
medical history. Use of this Site, Pharmazam System Services and/or our mobile
or web based applications, does not create a doctor-patient relationship.
Nothing contained in this Site, in Pharmazam System Services or on our mobile
or web based applications is intended to be used for medical diagnosis or
While Pharmazam attempts to
keep all the information on the Site, Pharmazam System Services and mobile or
web based applications up-to-date, medical treatment and knowledge change
quickly, and our Site, Pharmazam System Services or mobile or web based
applications should not be considered error-
or as a comprehensive source of all information on a particular topic.
Pharmazam makes no warranties or representations as to the accuracy of the
content of the Site, Pharmazam System Services or on our mobile or web based
applications, and assumes no responsibility for any consequences relating
directly or indirectly to any action or inaction you take based upon the
information and material on this Site, Pharmazam System Services or our mobile
or web based applications. Your use of the Site, Pharmazam System Services and/or
mobile or web based applications is subject to the additional disclaimers and
caveats that may appear throughout these Terms of Service and Conditions,
Pharmazam System Services and the Pharmazam Site. You assume the entire risk of
loss in using this Site, Pharmazam System Services, mobile or web based
applications and materials contained in the Site, Pharmazam System Services and
mobile or web based applications.
We are not responsible for the
correct use of information you receive through Pharmazam System Services. If
you rely on any Pharmazam Content or Pharmazam System Services, you do so
solely at your own risk.
Consult Your Doctor While Using
Pharmazam System Services
Pharmazam does not assume any
responsibility for any aspect of healthcare administered with the aid of
information from Pharmazam System Services. We are an information service
provider. We are not a healthcare provider, and we do not provide medical or
other healthcare advice. The information provided through Pharmazam System Services
is subject to revision, rapid change, and obsolescence. Healthcare providers
should use their professional judgment in using the information provided. The
absence of a warning for a given drug or drug combination, a medical risk, or a
recommendation for medical therapy should in no way be construed to indicate
that the drug or drug combination is safe, effective or appropriate for any
given patient, that the medical risk does not exist or that a therapy is safe,
effective or appropriate for any given patient.
Pharmazam System Services are
not intended to diagnose, treat, cure, or prevent any medical condition or
adverse drug reaction. If you have a medical condition or are concerned about a
potential adverse drug reaction, consult your doctor before using the
information provided by Pharmazam System Services or engaging in medication
management. We are not responsible for any health problems that may result from
medication management, consultations, advice, or events you learn about through
Pharmazam System Services. If you engage in any medication management or
medication changes you receive or learn about through Pharmazam System
Services; you
that you do so at your own risk and are voluntarily participating in these
DMCA/Copyright Policy
Pharmazam respects the
intellectual property rights of others and demands our users to do the same
with regard to our intellectual property rights.
When appropriate, it is our
policy to disable and/or terminate the accounts of users who repeatedly
infringe upon the copyrights of others in accordance with the U.S. Digital
Millennium Copyright Act.
The Digital Millennium
Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who
believe that material appearing on the internet infringes their rights under
U.S. copyright law. If you believe in good faith that material available on or
through the Pharmazam website and/or Pharmazam System Services including
applications, products, user-generated content, or any other content, infringes
upon your copyrights you (or your agent) may send us a notice requesting that
the material be removed, or access to it be blocked. The notice must include
the following information: (a) a physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed; (b) identification of the copyrighted work claimed to have
been infringed (or if multiple copyrighted works located on Pharmazam's
websites and/or Pharmazam System Services as well as mobile versions thereof
and applications are covered by a single notification, a representative list of
such works); (c) identification of the material that is claimed to be
infringing or the subject of infringing activity, and information reasonably
sufficient to allow Pharmazam to locate the material; (d) the name, address,
telephone number and email address (if available) of the complaining party; (e)
a statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent or the law; and (f) a statement that the information in the
notification is accurate and, under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed. Additionally, if you believe in good faith that a notice
of copyright infringement has been wrongly filed by Pharmazam against you, the
DMCA permits you to send Pharmazam a counter-notice.
Please be aware that there may
be penalties for false claims under the DMCA. If you are unsure of the validity
of your claim, we suggest that you consult your legal advisor before filing a
notice or counter-notice.
Please include both of the
following statements in the Notice:
"I hereby state that I have a good faith belief that
the disputed use of the copyrighted material is not authorized by the copyright
owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is
accurate and, under penalty of perjury, that I am the owner, or authorized to
act on behalf of the owner, of the copyright or of an exclusive right under the
copyright that is allegedly infringed."
All trademarks, service marks
and trade names of Pharmazam used in the site, Pharmazam System Services and
mobile or web based applications are trademarks or registered trademarks of
Links To Other Sites
This Site may contain third
party-owned content (e.g., articles, data feeds, abstracts, etc.) and may also
include hypertext links to third party-owned web sites. We provide such
third-party content and links as a courtesy to our users. We have no control
over any third party-owned web sites or content referenced, accessed by or available
on this Site and/or through Pharmazam System Services and, therefore, we do not
endorse, sponsor, recommend or otherwise accept any responsibility for such
third-party web sites or content or for the availability of such web sites. IN
SITE OR CONTENT. If you link to third party sites from Pharmazam System
Services, we encourage you to consult the policy statements of each site you
visit. Pharmazam System Services contains links to third-party websites, apps,
services and resources (collectively "Third-Party Services") that are not under
Pharmazam's control. We provide these links to provide supplemental information
and resources that we find may be beneficial and are not responsible for the content,
products or services that are available from Third-Party Services. You
acknowledge sole responsibility and assume all risk arising from your use of
any Third-Party Services.
Links To This Site
We welcome links to this web
site. However, we do not wish to be linked to or from any third-party web site
or link which contains:
any information that misrepresents the nature of your relationship with our
organization, or incorrect facts or data about our organization; or
b. any unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, pornographic, profane or indecent
information of any kind, including, without limitation, any content
constituting or encouraging conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any local, state, provincial,
national or international law, regulation which may be damaging or detrimental
to the activities, operations, credibility or integrity of Pharmazam its
subsidiaries and/or related entities and/or agents; or
c. any material or information
of any kind, which promotes racism, bigotry, hatred or physical harm of any
kind against any group or individual, could be harmful to minors, harasses or
advocates harassment of another person, provides material that exploits people
under the age of 18 in a sexual or violent manner, provides instructional
information about illegal activities, including, without limitation, the making
or buying of illegal weapons; or
d. any information, software or
other material which violates or infringes upon the rights of others, including
material which is an invasion of privacy or publicity rights, or which is
protected by copyright, trademark or other proprietary rights.
We reserve the right to
prohibit or refuse to accept any link to the web site, including, without
limitation, any link which contains or makes available any content or
information of the foregoing nature, at any time.
Terms of Sale
These Terms of Sale apply to
all orders accepted by Pharmazam for the sale of its DNA or blood allergy
testing kits, corresponding mobile and web applications and Pharmazam System
Services except in the case that you and Pharmazam have executed a written
agreement that supersedes these Terms of Sale. With regards to the mobile
application, which consists of software, such Software is licensed to you, not
sold, and only in accordance with the section entitled "Software License",
below. Terms such as "sell" and "purchase", as used in these Terms of Sale,
apply only to the DNA or blood allergy testing kits and consists of other
Pharmazam System Services items other than Software.
You can place orders for DNA or
blood allergy testing kits by requesting information from www.pharmazam.com
where a representative will contact you to place your order or by telephone. We
will ask you for basic information so that we may fulfill your order. When you
place an order our payment service will collect your payment information and
charge your credit card in connection with your order.
By placing an order with
Pharmazam for Pharmazam System Services inclusive of upgrades and software or
mobile application usage fees you agree that any credit card information
supplied by you is true and complete and that you will pay the applicable price
listed, as well as any shipping and handling charges and applicable taxes. DNA
and blood allergy testing kits purchased by you are not for commercial use.
Prices are listed in U.S.
Dollars and do not include any shipping and handling charges or applicable
taxes, which charges and taxes will be communicated to you before you place an
order and you are responsible for paying such charges and taxes to Pharmazam.
You agree to indemnify and hold Pharmazam harmless from and against any
liabilities, interest, penalties or fees assessed against Pharmazam arising out
of your failure to pay any such taxes. All prices are subject to change at any
Acceptance and Fulfillment
All orders are subject to
acceptance by Pharmazam. Pharmazam reserves the right not to accept your order
for any reason or no reason. Pharmazam also reserves the right to restrict
multiple quantities of DNA testing kits being shipped to any one customer or
postal address.
Shipping and Delivery
Pharmazam chooses the method of
shipment for DNA or blood allergy testing kits ordered, and you will be charged
shipping and handling charges accordingly. Title to the Products (except to the
extent that the Products consist of Software) and risk of loss will pass to you
upon Pharmazam's delivery of the products to the carrier. You acknowledge that
all scheduled shipment dates are estimates only. Pharmazam will not be liable
for any loss, damage, or penalty resulting from any delay in shipment or
No refunds nor returns. All
sales are deemed final and Pharmazam is not obligated to provide you a refund
at any time. If you choose to cancel your account during your subscription term
you will not be refunded in whole or part. You will not be provided a refund at
any time for any reason whatsoever and all purchases are final.
Sample Processing Issues and
In some instances, your sample
may not be able to be processed. This may occur for example if the test kit you
provided does not contain enough cells or blood, the samples weren't collected
and/or provided accurately or the results from processing do not meet our
standards for accuracy. If the initial processing fails for any of these
reasons, Pharmazam will reprocess the same sample at no charge to the user. If
the second attempt to process the same sample fails, Pharmazam will send
another kit to the user to collect a second sample at no charge. If Pharmazam's
attempts to process the second sample are unsuccessful, Pharmazam will not send
additional sample collection kits and the user will be required to purchase
another test kit. You understand that a small fraction of the data generated
during the laboratory process may be un-interpretable, incorrect or contain
errors (Referred to as "Laboratory Processing Errors"). Since knowledge of
Laboratory Processing Errors is known prior to testing, Users are not entitled
to refunds when and/or where these Laboratory Processing Errors occur.
Additional Policies Apply To
Product Orders
Pharmazam's Terms of Sale apply
to all purchases made. All orders placed are subject to Pharmazam's acceptance.
We may accept, decline, or place limits on your order for any reason.
Prices Subject to Change
Prices may be changed by
Pharmazam at any time. If you do not wish to continue with your subscription
due to the new prices, you may opt out of renewal or cancel.
Of Liability
Dispute Resolution
By using Pharmazam System
Services, the Website, or mobile or web based applications you agree that the
below outlined procedure will govern these Terms of Service and Conditions,
your use of the Website, mobile or web based application, and Pharmazam System
Services, and any dispute (collectively, "Disputes") of any sort that might
arise between you and Pharmazam will be governed by the arbitration procedure
outlined below.
Governing Law: The Terms of
Service and the resolution of any Disputes shall be governed by and construed
in accordance with the laws of the State of Florida without regard to its
conflict of laws principles.
Informal Dispute Resolution:
Concerns shall be addressed without the necessity of a formal legal case. Before
filing a claim against Pharmazam, you agree to try
resolve the Dispute informally by contacting email@example.com. We'll try to
resolve the Dispute informally by contacting you through email. If a dispute is
not resolved within 30 days after submission, you or Pharmazam may bring a
formal arbitration proceeding.
We Both Agree To Arbitrate: You
and Pharmazam agree to resolve any Disputes through final and binding
arbitration, except as set forth under Exceptions to Agreement to Arbitrate
Opt-out of Agreement to
Arbitrate: You can decline this agreement to arbitrate by contacting
firstname.lastname@example.com within 30 days of first accepting these Terms of Service
and Conditions and stating that you (include your first and last name) decline
this arbitration agreement. Arbitration Procedures: The American Arbitration
Association (AAA) will administer the arbitration under its Commercial
Arbitration Rules and the Supplementary Procedures for Consumer Related
Disputes. The arbitration will be held in the United States' county where you
live or work, Pinellas County, Florida, or any other location we agree to.
Exceptions to Agreement to
Arbitrate: Either you or Pharmazam may assert claims, if they qualify, in small
claims court in Pinellas County, Florida or any United States county where you
live or work. Either party may bring a lawsuit solely for injunctive relief to
stop unauthorized use or abuse of Pharmazam System Services, or infringement of
intellectual property rights (for example, trademark, trade secret, copyright
or patent rights) without first engaging in arbitration or the informal
dispute-resolution process described above.
No Class Actions: You may only
resolve Disputes with Pharmazam on an individual basis, and may not bring a
claim as a plaintiff or a class member in a class, consolidated, or
representative action. Class arbitrations, class actions, private attorney
general actions, and consolidation with other arbitrations aren't allowed under
this agreement.
Judicial Forum for Disputes: In
the event that the agreement to arbitrate is found not to apply to you or your
claim, you and Pharmazam agree that any judicial proceeding (other than small
claims actions) will be brought in the federal or state courts of Pinellas
County, Florida. Both you and Pharmazam consent to venue and personal
jurisdiction there. We both agree to waive our right to a jury trial.
In any Dispute, whether in
arbitration or court, each party is responsible for their own attorneys' fees
and costs incurred.
on Claims: Regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to your use of the Pharmazam Systems
Services must be filed within one (1) year after such claim or cause of action
arose, or else that claim or cause of action will be barred forever.
Software License
This is an agreement between
Licensor and Licensee, who is being licensed to use Pharmazam System Services
Software. The Licensee acknowledges that this is only a limited nonexclusive license.
The Licensor is and remains the owner of all titles, rights, and interests in
the Software. The Licensee will not make copies of the Software or allow copies
of the Software to be made by others, unless authorized by this License
Agreement. THE LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING
USE OF THIS SOFTWARE. The Licensee's jurisdiction may not allow such a
limitation of damages, so this limitation may not apply. The Licensee agrees to
defend and indemnify Licensor and hold Licensor harmless from all claims,
losses, damages, complaints, or expenses connected with or resulting from Licensee's
business operations. The Licensor has the right to terminate this License
Agreement and Licensee's right to use this Software upon any material breach by
Licensee. The Licensee agrees to return to Licensor or to destroy all copies of
the Software upon termination of the License. This License Agreement is the
entire and exclusive agreement between Licensor and Licensee regarding this
Software. This License Agreement replaces and supersedes all prior
negotiations, dealings, and agreements between Licensor and Licensee regarding
this Software. This License Agreement is governed by the law of Florida
applicable to the State of Florida contracts. This License Agreement is valid
without Licensor's signature. It becomes effective upon the earlier of Licensee's
signature or Licensee's use of the Software. Pharmazam grants to you a
nonexclusive, nontransferable license to use Pharmazam System Services Software
solely for your internal, non-commercial use. You may not copy or modify the
Software. You acknowledge that the Software contains trade secrets of
Pharmazam, and, in order to protect such trade secrets, you agree not to
disassemble, decompile or reverse engineer the Software nor permit any third
party to do so, except to the extent such restrictions are prohibited by law.
Pharmazam reserves all rights and licenses in and to the Software not expressly
granted to you under this Agreement.
You may not and may not allow
any third party to copy, modify, create a derivative work of, reverse engineer,
reverse assemble, or otherwise attempt to discover any source code, sell,
assign, sublicense, grant a security interest in, or
transfer any right in the Software unless this is expressly permitted or
required by law, or unless you have been specifically told that you may do so
by Pharmazam, in writing. This license is for the sole purpose of enabling you
to use Pharmazam System Services as permitted by the Terms. Unless Pharmazam
has given you specific written permission to do so, you may not assign (or grant
sublicense of) your rights to use the Software, grant a security interest in or
over your rights to use the Software, or otherwise transfer any part of your
rights to use the Software. You agree not to modify the Software, including
(without limitation) for the purpose of obtaining unauthorized access to the
Service. You agree not to access the Pharmazam System Services by any means
other than that is provided by Pharmazam. Any rights not expressly granted
herein are reserved.
For any Software not accompanied
by a license agreement, Pharmazam grants you a personal, non-transferable, and
non-exclusive right and license to use the object code of its Software on a
single computer and/or mobile device.
Terms Specific to the Pharmazam
Mobile Application
The following Pharmazam Mobile
Application Terms and Conditions will apply to Pharmazam System Services
offered by the mobile application.
Pharmazam offers a mobile
application to its account holders. These Terms Specific to the Pharmazam
Mobile Application govern your purchase and use of these Pharmazam System
Services including access to DNA generated pharmacogenetic test results and
blood allergy IgE test results. Pharmazam account holders may access the mobile
application service by paid subscription, trial or promotion. Regardless of the
method of access, these Terms apply to your access to Pharmazam System
Services. In addition, the Pharmazam Terms of Service and Conditions and
Privacy Policy also apply, and any separate terms and conditions presented to
you in conjunction with any trial or promotion also apply to your access to
Pharmazam System Services. You accept these Pharmazam Mobile Application Terms
by using any part of Pharmazam System Services. IF YOU DO NOT ACCEPT THESE
to Use the Pharmazam Mobile Application
By accepting these Terms and
adding the Pharmazam Mobile Application to your account, Pharmazam hereby
grants to you a license to use Pharmazam System Services solely for your
personal, non-commercial use, subject to these Terms.
General Provisions
You may not assign or transfer
these Terms, or any order accepted by Pharmazam hereunder, in whole or in part,
by operation of law or otherwise, without Pharmazam's express prior written
consent. Any attempt to do so, without Pharmazam's consent, will be null and of
no effect, however, Pharmazam may freely assign these Terms.
Pharmazam will not be
responsible for any failure or delay in its performance under these Terms due
to causes beyond its reasonable control, including, but not limited to, labor
disputes, strikes, lockouts, shortages of or inability to obtain energy, raw
materials or supplies, war, terrorism, riot, or acts of God.
The failure by Pharmazam to
enforce any provision of these Terms will not constitute a waiver of future
enforcement of that or any other provision. If for any reason a court of
competent jurisdiction finds any provision of these Terms invalid or
unenforceable, that provision will be enforced to the maximum extent
permissible and the other provisions of these Terms will remain in full force
and effect.
Except as otherwise stated
herein, these Terms of Services and Conditions constitute the entire and
exclusive understanding and agreement between Pharmazam and you regarding
Pharmazam System Services. These Terms supersede all prior or contemporaneous
quotations, agreements, communications or understandings, whether written or
oral, regarding Pharmazam System Services and Pharmazam Content. Any waiver,
modification or amendment of any provision of these Terms will be effective
only if in writing and signed by duly authorized representatives of each party.
Any notices or other
communications provided by Pharmazam under these Terms, including those
regarding modifications to these Terms, will be given via email or by posting
to Pharmazam System Services. For notices made by email, the date of receipt on
the message will be deemed the date on which such notice is transmitted.
notices may be given in writing and will be deemed given: (i) upon actual
delivery, if made by personal service; (ii) three (3) days after mailing, if
made by U.S. certified or registered mail; and (iii) one (1) business day after
delivery to the courier or overnight delivery service, if made by courier or
overnight delivery service. All notices will be addressed to such address as to
which has been provided in User's account.
Feedback And Submissions Policy
If you submit comments, ideas,
or feedback to us, you agree that we can use them without any restriction or
compensation to you. We do not waive any rights to use similar or related ideas
or feedback previously known to us, developed by Pharmazam, or obtained from
sources other than you. Our Feedback and Submissions Policy is also part of
these Terms of Service and Conditions.
You Agree to Receive Alerts And
As part of your use of
Pharmazam System Services, you may receive notifications, text messages,
alerts, or emails. You agree to the receipt of these communications. You are
responsible for any messaging or data fees you may be charged by your wireless
Pharmazam Does Not Control
Third-Party Services That You Link With Your Pharmazam Account
Pharmazam System Services may
provide the opportunity for you to link your Pharmazam account, Pharmazam data,
or Pharmazam System Services with Third-Party Services. Although we offer this
opportunity, you acknowledge that any Third-Party Services that you use in
connection with Pharmazam System Services are not part of Pharmazam System
Services. You acknowledge that these Terms and the Pharmazam Privacy Policy do
not apply to any Third-Party Services. You are responsible for reading and
understanding the terms and conditions and privacy policy that applies to your
use of any Third-Party Services.
To Pharmazam System Services
Pharmazam may change or
discontinue, temporarily or permanently, any feature or component of Pharmazam
System Services at any time without notice. Pharmazam is not liable to you or
to any third party for any modification, suspension or discontinuance of any
feature or component of Pharmazam System Services. We reserve the right to determine
the timing and content of software updates, which may be automatically
downloaded and installed without prior notice to you.
If you violate these Terms, we
reserve the right to deactivate your account or terminate these Terms, at our
sole discretion, at any time and without notice or liability to you. We may
also at our discretion, terminate or suspend your access to and/or use of all
or part of Pharmazam System Services with or without cause by delivering notice
to you. Upon any such termination, we may delete part, some, or all of the
content related to your account. You may cancel your account at any time by
contacting Customer Service. Upon any termination, discontinuation or
cancellation of Pharmazam System Services or your account, the following
provisions of these Terms will survive: Our Privacy Policy, Notice of Privacy
Practices, HIPAA: Health Insurance Portability and Accountability Act,
Information That Pharmazam Collects, How Pharmazam Uses Your Personally
Identifiable Information, Disclosure of Personal Information to Third Parties,
Security, Non-Personal Information, Email Communications and Opting Out,
Pharmazam System Services, Information Sharing, Informed Consent for
Pharmacogenetic (PGx) Testing, Consent for Blood Allergy Testing, Compliance
with Law, Who May Use Pharmazam, Your Content and Test Results on Pharmazam
System Services, Pharmazam's Proprietary Rights, Confidentiality Statement,
Your Test Results, Our Enforcement Rights, DMCA/Copyright Policy, Trademarks,
Links To Other Sites, Links To This Site, Terms of Sale, Orders, Pricing,
Acceptance and Fulfillment, Shipping and Delivery, Return Policy, Sample
Processing Issues and Errors, Additional Policies Apply To Product Orders,
Prices Subject to Change, Limitation Of Liability, Dispute Resolution, Software
License, Terms Specific to the Pharmazam Mobile Application, License to Use the
Pharmazam Mobile Application, General Provisions, Feedback And Submissions
Policy, You Agree to Receive Alerts And Notifications, Pharmazam Does Not
Control Third-Party Services That You Link With Your Pharmazam Account, Changes
To Pharmazam System Services, Warranty Disclaimers, Indemnity, and General
PHARMAZAM CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. This
statement denies responsibility intended to prevent civil liability. We make no
warranty that Pharmazam System Services or Pharmazam Content will meet your
requirements or be available on an uninterrupted, secure, or error-free basis.
We make no warranty regarding the quality, accuracy, timeliness, truthfulness,
completeness or reliability of Pharmazam System Services or any Pharmazam
Content. You acknowledge and agree that if you rely on any Pharmazam Content or
Pharmazam System Services that you do so solely at your own risk. We make no
warranty that the results that may be obtained from the use of Pharmazam System
Services will be accurate or reliable, that the quality of any Products,
Software, Services, information or other material purchased or obtained by you
through the use of Pharmazam System Services will meet your expectations and
that errors in the Software will be corrected. Any material downloaded or
otherwise obtained through the use of Pharmazam System Services is done at your
own discretion and risk and you will be solely responsible for any damage to
your computer system or mobile device or loss of data that results from the
download of any such material.
Unless prohibited by applicable
law, you will defend, indemnify and hold harmless Pharmazam and its officers,
directors, employees, subsidiaries, affiliates, officers, contractors,
partners, employees, successors, agents and assigns harmless from and against
any claims, disputes, demands, liabilities, damages, losses, and costs and
expenses, including, without limitation, reasonable attorneys' fees arising out
of or in any way connected with your access to or use of Pharmazam System
Services, your content and test results, or your breach of any warranties made
by you hereunder or your violation of any other provision of these Terms of
Service and Conditions. We reserve the right to assume control of the defense
of any third-party claim that is subject to indemnification by you, in which
event you will cooperate with us in asserting any available defenses.
If you have submitted a DNA or
blood sample, you will defend and hold harmless Pharmazam, its employees,
contractors, successors, and assigns from any liability arising out of the use
or disclosure of any information obtained from testing your DNA or blood sample
and/or analyzing your genetic information, which is disclosed to you consistent
with Pharmazam's Privacy Policy or results from any third-party add-ons or
tools we provide. In addition, if you choose to provide your genetic, blood
allergy results information and/or self-reported
to third parties - whether individuals to whom you facilitate access,
intentionally or inadvertently, or to third parties for diagnostic or other
purposes - you agree to defend and hold harmless Pharmazam, its employees,
contractors, successors, and assigns from any and all liability arising from
such disclosure or use of your genetic, blood allergy results information
and/or self-reported information.
Typographical Errors
In the event that Pharmazam
Products, Software, Services and/or Pharmazam System Services are mistakenly
listed at an incorrect price, Pharmazam reserves the right to refuse or cancel
any orders placed for Product, Software, Services and/or Pharmazam System
Services listed at the incorrect price. Pharmazam reserves the right to refuse
or cancel any such orders whether or not the order has been confirmed and your
credit card charged. If your credit card has already been charged for the
purchase and your order is cancelled, Pharmazam shall issue a credit to your
credit card account in the amount of the incorrect price.
Additional Terms May Apply
Additional terms may apply to
certain Products, Software, Services and/or Pharmazam System Services. In the
event that there is a conflict between these Terms and any additional terms,
the additional terms will control. Please contact our legal department if you
have any questions about these Terms.
Pharmazam, LLC, 12902 Commodity
Place, Bldg 3, Tampa, FL 33626 firstname.lastname@example.com

subset: commoncrawl