The PAN Foundation Portal (hereinafter, the "Portal") is accessible only to registered pharmacists (referred herein as "you" and "your") and is operated by Patient Access Network Foundation ("PAN"). When you use this Portal, you agree to the terms and conditions that follow. If you do not agree to these terms and conditions (as they may be amended from time to time as provided below), your sole and exclusive remedy is to immediately cease use of this Portal.
This Portal is operated for the purpose of providing information with respect to claims you may elect to file on behalf of the prescribing physician’s patients (your customers). Some or all of the following services may be offered through the Portal at any particular time:
The material on this Portal should not be regarded as an offer to sell, or a solicitation of an offer to buy, any products of PAN. No director, employee, agent or representative of PAN or any of its affiliated companies are engaged in rendering medical advice, diagnosis, treatment or other medical services that in any way create a physician-patient relationship through this Portal or any other website operated by or on behalf of PAN.
In connection with your use of the Portal, you agree not to engage in any of the following activities that in any way relate to the Portal or services available through the Portal:
PAN is not responsible if information that it makes available through the Portal is not accurate, complete or current. The material available through this Portal is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance upon the material on this Portal shall be at your own risk. The information provided on this Portal is presented "AS IS" and may include technical inaccuracies or typographical errors. This Portal may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. PAN reserves the right to modify the contents of this Portal at any time, but it has no obligation to update any information on this Portal or to notify you when information has been updated. You agree that it is your responsibility to monitor changes to this Portal.
This Portal may include links to other sites, some of which may be operated by other companies affiliated with PAN and some of which may be operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. PAN has not reviewed any or all of the information on other sites and is not responsible for the content of any other sites or any products or services that may be offered through other sites. These sites may contain information with which PAN does or does not agree. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites, including the sites of PAN's affiliated companies.
PAN may use patients' health information that you submit through the Portal or otherwise provide to PAN and disclose the same to a third party in either or both cases for any or all of the following permitted reasons:
Unless otherwise allowed under HIPAA or required by law, all other uses and disclosures will be made only with the patient's written authorization. Patients may revoke this authorization except to the extent PAN has taken an action in reliance on any previous authorization.
This Portal features logos and other trademarks and service marks that are the property of, or are licensed to, PAN or its affiliated companies. The Portal may also include trademarks or service marks of third parties. All these trademarks are the property of their respective owners, and you agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.
PAN expressly disclaims all warranties of any kind, whether expressed or implied, including the implied warranties of merchantability and fitness for a particular purpose and any warranties that material on the portal is non-infringing, that access to the portal will be uninterrupted or error-free; that the portal will be secure; or that information on the portal will be complete, accurate, or timely.
If you download any material from this portal, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you through or from the portal shall create any warranty of any kind.
To the fullest extent permitted under applicable law, you understand and agree that neither PAN, nor any of its affiliated companies or third party content providers shall be liable for any direct, indirect, incidental, special, consequential, punitive or any other damages (including lost profits) relating to or resulting from (I) your use or inability to use this portal or any other site you access through a link from this portal, (II) the existence of the portal or the information or content posted on this portal or any site linked to this site; or (III) any actions plan, or its affiliated companies or third party content providers take, or fail to take with respect to this portal. These include damages for errors, omissions, interruptions, defects, delays, computer viruses, your loss of profits, loss of data, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses.
This limitation applies regardless whether the damages are claimed under the terms of a contract, as the result of negligence or otherwise, and even if PAN or its affiliated companies or third party content providers or PAN's or their respective representatives have been negligent or have been advised of the possibility of such damages.
Some states do not allow the limitation of liability, so this provision may not apply to you to the extent it is excluded by law.
If you cause a technical disruption of the portal or the systems transmitting the portal you agree to be responsible for any and all liabilities, costs and expenses (including attorney's fees) arising from that disruption.
PAN is headquartered in the District of Columbia in the United States of America, and this Portal is operated in the United States. The laws of the District of Columbia govern these terms and conditions and your use of the Portal, and you irrevocably consent to the jurisdiction of the courts located in the District of Columbia for any action to enforce these terms and conditions.
PAN reserves the right, in its complete discretion, to change these terms and conditions at any time by posting revised terms on the Portal. It is your responsibility to check for any changes PAN may make to these terms and conditions if and when you wish to use the Portal. Your continued use of this Portal following the posting of changes to these terms or other policies means you accept the changes.