Terms of Use (User Agreement)

The following terms of use (“Terms of Use”) in this User Agreement (“User Agreement”) apply to all users and to your use of pbmlink.com (the “Website”) and any of its information, features or services (the “Services”) (all together referred to as the “Website and Services”).

As new features are added to the Website or legal requirements change, this User Agreement may be modified. MedImpact International LLC (“MedImpact International”) and Dimensions Healthcare LLC (“Dimensions”) (together “MedImpact International and Dimensions”) may update and change the Terms of Use from time to time without notice to you. You are responsible for reviewing the Terms of Use on a regular basis to make sure you are still in agreement to comply with them. By using or accessing the Website and Services after changes have been made to the Website and Services or these Terms of Use, you are agreeing to accept those changes.

1. Acceptance of Terms

By agreeing to the Terms of Use, you are agreeing to all applicable terms and restrictions. You agree that you are able to accept the Terms of Use for the Website and Services and that you will use the Website and Services in a manner consistent with these Terms of Use. MedImpact International and Dimensions provides access to this Website and the other services provided by us through this Website, either in whole or in part, through the Internet subject to your acceptance of this User Agreement, which may be amended by MedImpact International and Dimensions at any time. Amendments are effective immediately after posting on the Website. By becoming a User (as defined herein) of the Website, you agree to be bound by the terms of this User Agreement. Notwithstanding anything to the contrary in this User Agreement, when using a particular service through this Website, you may also be subject to any posted guidelines, rules, terms of service, fees, codes of conduct or other contractual provision as noted, including the Privacy Policy.

2. Types of Users

Any person accessing the Website or other services provided by MedImpact International and Dimensions through this Website, either manually or via an automated device or program, to the extent permitted hereunder, shall be considered a "User." All Users are bound by the terms of this User Agreement. Users must be at least 18 years old.

3.Terms of Sale

MedImpact International and Dimensions are introducing this site at no charge to users and are providing training at no charge.

4. Acceptable and Lawful Use; Medical and Other Advice

Users shall comply with all appropriate laws, statutes and regulations regarding the use of this Website. MedImpact International and Dimensions are not authorized to provide and do not engage in providing medical advice. All information in the Website and Services is for User’s educational and informational purposes only. This information is not intended as a substitute for consultation with the appropriate doctor(s) or other licensed medical professional(s) and should not be used to diagnose or treat a health problem. User should consult with the appropriate doctor(s) to assist in evaluating the appropriateness of any information provided by the Website and Services. User should never disregard, avoid or delay obtaining medical advice from a licensed professional because of something in the Website or Services. In no event will MedImpact International or Dimensions be responsible for any decision made or action taken in reliance on the information contained in the Website or Services. The information in the Website and Services is also not intended as and does not constitute financial or legal advice and User should consult an appropriate professional for specific advice tailored to User’s situation.

5. Protecting Your Information

You should keep any correspondence you receive relating to the Website and Services (including, but not limited to, your user ID, passwords, other registration information, e-mails, order information, or any other information) confidential and in a safe place. If other people have access to your computer, handheld device, user ID or password, or other personal information, they may be able to access information you have obtained from the Website and Services. MedImpact International and Dimensions are not responsible for the security of privacy of any such information under these circumstances. You agree to notify Dimensions at pbmlink@dimensions-healthcare.com if you learn of or suspect any loss or unauthorized use of your login information (user ID or password). MedImpact International and Dimensions are also not responsible for the security of your internet access services provider and you should review their security and privacy policies carefully.

6. Dispute Resolution

Users agree to use the dispute resolution procedures set forth in this User Agreement with respect to any controversy or claim arising out of or relating to this User Agreement or its breach. Any dispute between MedImpact International and Dimensions and Users arising out of or in connection with this User Agreement shall be settled by a binding arbitration administered by the Arbitration Rules of the DIFC – LCIA Arbitration Centre as at present in force and as may be amended by the rest of this clause.  The place of arbitration shall be the Dubai International Financial Centre.  There shall be only one Arbitrator.  The language of the arbitration, including the Arbitrator’s Award, shall be in English.  The expenses of the arbitration, including reasonable attorneys’ fees, will be paid for by the party against whom the award of the arbitrator is rendered. Any disputes between Users are not the responsibility of MedImpact International or Dimensions.

7. Severability

If an arbitrator or other legal authority determines that any part of these Terms of Use is illegal or unenforceable, then such part will be eliminated and the remaining Terms of Use will remain in force and effect and continue to apply to your use of the Website and Services.

8. Governing Law; Attorneys' Fees

The Website and Service are intended only for access and use by United Arab Emirates residents, are presented solely as a service to visitors and subscribers located in the United Arab Emirates, and therefore may not comply with legal requirements of foreign countries. This User Agreement must be governed by and construed in accordance with the laws of the United Arab Emirates as applicable in the Emirate of Abu Dhabi, without regard to applicable conflict of law rules.

9. Intellectual Property

The Website and Services contain copyrighted works, trademarks and other proprietary material owned by MedImpact International and Dimensions or our information providers. The Website is protected by United Arab Emirates, international and national copyright, trademark and other intellectual property laws. If no restrictions are displayed, you may print, download, or make copies of materials from the Website and Services for your own personal and non-commercial use only. Except as just provided, you may not copy, reproduce, publish, post, transmit, display, store, sublicense, transfer or distribute material or images, or reverse engineer, decompile, disassemble, modify or create derivative works from the Website and Services without written permission from MedImpact International and Dimensions. In addition, you may not modify, alter, revise, paraphrase, omit, change, create derivative works, or modify or obliterate any copyright notice or other warning on any material or images from the Website or Services without written permission from MedImpact International and Dimensions. Any rights not expressly granted by this User Agreement or any applicable end-user license agreements are reserved by MedImpact International and Dimensions.

10. No Warranty

MEDIMPACT INTERNATIONAL AND DIMENSIONS PROVIDE ACCESS TO THIS WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. MEDIMPACT INTERNATIONAL AND DIMENSIONS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. USER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE, WEBSITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. SERVICES AND INFORMATION PROVIDED BY HYPERLINKED WEBSITES OR THIRD PARTIES MAY BE SUBJECT TO THE ADDITIONAL TERMS AND CONDITIONS OF THOSE PROVIDERS. MEDIMPACT INTERNATIONAL AND DIMENSIONS MAKE NO WARRANTY THAT THE WEBSITE OR SERVICE WILL MEET USER REQUIREMENTS, OR THAT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DOES MEDIMPACT INTERNATIONAL OR DIMENSIONS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE OR SERVICE OR THAT ANY DEFECTS WILL BE CORRECTED. MEDIMPACT INTERNATIONAL AND DIMENSIONS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED THROUGH THE WEBSITE OR SERVICE OR THROUGH HYPERLINKED SITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A USER FROM MEDIMPACT INTERNATIONAL AND DIMENSIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

11. Indemnification

MedImpact International and Dimensions will notify you of any claim made by a third party for liability or expense arising from your use of the Website and Services, in whole or in part, directly or indirectly. You in turn agree to indemnify, defend, and hold harmless MedImpact International and Dimensions and our related parties for any such claim, including reasonable attorneys' fees.

12.Limitations of Liability

MEDIMPACT INTERNATIONAL AND DIMENSIONS CANNOT AND WILL NOT ASSUME ANY LIABILITY FOR UNAUTHORIZED OR FRAUDULENT USE OF THE WEBSITE AND SERVICES. BY ACCESSING THE WEBSITE AND SERVICES YOU AGREE TO HOLD HARMLESS AND WAIVE ALL CLAIMS AGAINST MEDIMPACT INTERNATIONAL AND DIMENSIONS AND OUR RELATED PARTIES REGARDING THE INFORMATION PROVIDED AND YOUR USE OF IT. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL MEDIMPACT INTERNATIONAL OR DIMENSIONS OR OUR RELATED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (HOWEVER ARISING IN TORT, CONTRACT, OR OTHERWISE) REGARDLESS OF ITS NEGLIGENCE OR WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE OR CLAIM RELATED TO THE WEBSITE AND SERVICES IS YOUR STOPPING YOUR USE OF THE WEBSITE AND SERVICES. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS USER AGREEMENT INURE TO THE BENEFIT OF MEDIMPACT INTERNATIONAL AND DIMENSIONS AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS.

IN ADDITION TO THE FOREGOING, YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL MEDIMPACT INTERNATIONAL OR DIMENSIONS OR ITS RELATED PARTIES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, BUSINESS INTERRUPTION, USE, DATA, EQUIPMENT OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (1) THE USE OF OR INABILITY TO USE THE WEBSITE AND SERVICES; (2) THE CONSEQUENCES OF ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU OR BY ANYONE TO WHOM YOU COMMUNICATE SUCH INFORMATION, OR FOR ANY ERRORS IN COMMUNICATING SUCH INFORMATION; (3) THE COST OF SUBSTITUTE GOODS OR SERVICES; OR (4) ANY OTHER MATTER RELATING TO THE WEBSITE AND SERVICES. MEDIMPACT INTERNATIONAL AND DIMENSIONS SHALL NOT BE LIABLE FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, TEST, PROCEDURE, OR SERVICE CONTAINED IN THE INFORMATION PROVIDED THROUGH THE WEBSITE AND SERVICES.

THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS CLAUSE 12 SHALL APPLY TO THE FULL EXTENT PERMISSABLE BY APPLICABLE LAW

13.  Termination

MedImpact International and Dimensions, in their sole discretion, reserve the right to terminate your use of the Website and Services at any time without notice to you. In addition, if there is a change in ownership, or the status of your pharmacy with MedImpact International and Dimensions terminates for any reason, your access to the Website and Services may, in MedImpact International and Dimension’s sole discretion, be extended for up to 60 days and you may be permitted access to your pharmacy’s data only through the date of termination or change in status.

14. Limited End User License

You may not assign, sublicense, transfer, pledge, lease, rent or share your rights under these Terms of Use, unless otherwise agreed to in writing by MedImpact International and Dimensions. Nothing contained on the Website and Services should be construed as granting, by implication, estoppel or otherwise, any license or right in and to MedImpact International and Dimensions trademarks or copyrighted material of MedImpact International and Dimensions or any third party without the express written permission of the applicable party. MedImpact International and Dimensions reserve the right to change prices or to institute charges for the Website and Services and any other related services and to assign or transfer their rights and obligations under these Terms of Use to any person at any time and communicate any such changes, charges, assignment or transfer to you via an updated terms of use for this software.

15.  User’s Use of the Website and Services

User agrees to use the Website and Services only for lawful purposes and in a manner consistent with their intended use and these Terms of Use. MedImpact International and Dimensions may, at any time and without notice, prohibit access to the Website and Services to any individuals whom MedImpact International and Dimensions determines are using the Website and Services in a way not permitted under these Terms of Use, or is restricting or prohibiting any other user from using or enjoying the Website and Services, or whose conduct might constitute a criminal offense, result in civil liability, or otherwise violate any applicable local, state, national or international law.

Examples of prohibited uses of the Website and Services include, but are not limited to: (a) sharing of personal medical/prescription information with an unauthorized third party; (b) placement on the Website and Services of any untrue, malicious, fraudulent, harassing, offensive or defamatory material, or any material that is irrelevant to a legitimate use of the Website and Services; (c) introduction of viruses, worms or other programming routines that are intended to disrupt or interfere with the operation of the Website and Services; (d) linking to or insertion of links to other sites of whatever character; (e) unauthorized changes to any data or information supplied by the Website and/or Services; (f) any activity that infringes on the copyright, patent, trademark or other rights of any other person or organization. Any unauthorized entry (commonly referred to as “hacking”) into any portion of the Website or Services may constitute a crime and MedImpact International and Dimensions will prosecute these violations to the fullest extent permitted by law. Anyone using this Website and Services in violation of these Terms of Use will be liable to MedImpact International and Dimensions for any and all damages suffered by MedImpact International and Dimensions.

16. Entire Agreement

This User Agreement and any documents expressly incorporated by reference constitute the entire agreement between MedImpact International and Dimensions and the User pertaining to the subject matter hereof. From time to time, where certain laws/jurisdictions apply, MedImpact International and Dimensions, when necessary, may make amendments to the User Agreement. User shall regularly review the User Agreement that is posted on the Website. If User has any questions about the User Agreement, contact us at pbmlink@dimensions-healthcare.com.