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Phone: (877) 594-5633
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SMS: 1-480-418-8957

Terms of Use

KwikMed.com Terms of Use
Effective: June 2016

These Terms of Use apply to you when you view, access or otherwise use the web site located at www.KwikMed.com (the “Site”). These Terms of Use and our Privacy Policy will each be amended from time to time, as well as any other rules and restrictions set forth on this website. The site is operated by Phoenix Capital Management (“PCM”), a Utah company. By accessing or using the Site, “you” are acknowledging that you have read, understand, and agree without limitation or qualification to be bound by these Terms of Use. If you do not agree with these Terms of Use, you do not have the right to access or otherwise use the Site.

License to Use the Site:

We grant you a personal, limited, non-exclusive and revocable license to access and make personal use of this site. However, you may not download or modify the site, except with the express written consent of PCM. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant or any other party. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of PCM.

PCM reserves the right to make changes to our site, policies, and these Terms of Use at any time.

By accessing the Site, you also agree to the following:

a) You are at least 18 years old;

b) You have had a recent physical examination by a physician who is available for any necessary follow-up care and intervention;

c) You are requesting the prescription medication(s) solely for therapeutic and medical needs, and will not distribute to others;

d) You are aware that physician and pharmacist are available for consultation. In the case of an emergency you will contact a local physician or hospital for immediate care and not rely on your online physician or pharmacist for emergency medical care;

e) You are allowed by law to use the credit card you have provided;

f) You will answer all questions truthfully, for your safety, just as you would in a physicians’ office;

g) You certify that the foregoing statements made are true, and that if any of them is willfully false you may be subject to punishment.

Account Information

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. PCM and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Access to the Website

You or PCM may suspend or terminate your access to the website at any time, for any reason or for no reason at all. PCM has the right (but not the obligation) to refuse to provide access to the website to any person, or to prohibit any person from using the website, at any time, for any reason or for no reason at all, in our sole discretion. You represent and warrant that you are 18 years of age and possess the legal right and ability to agree to these Terms of Use and to use the website in accordance with these Terms of Use. PCM maintains this website from offices in the US and makes no representation that materials on the website are appropriate or available for use in other locations. If you access this website from a location outside the US, you do so at your own risk and initiative and are responsible for compliance with applicable laws at your location.

Privacy Information:

Any and all information you post or otherwise provide to us is true and accurate, not misleading, and offered in good faith. When you visit KwikMed.com, we will not collect any personally identifiable information about you (such as name, address, telephone number, or email address) unless you provide it to us voluntarily. We may store and process your personally identifiable information to better understand your needs and how we may improve our products and services, and we may use your personally identifiable information to contact you. KwikMed will not give or sell your personally identifiable information to any outside organization for the organization’s own use without your consent. Your information may be shared with agents or contractors of PCM in connection with services that these individuals or entities perform for us. We are committed to keeping secure the data you provide us and will take precautions to protect your personally identifiable information from loss, misuse or alteration. Agents or contractors of PCM who have access to your information in connection with providing services to us are required to keep the information confidential and are not permitted to use information for any other purpose than to carry out services they are performing. In some cases, we may collect information about you that is not personally identifiable. We also may store some information on your computer. This information will be in the form of a “cookie” or similar file and will help us in many ways to tailor website or advertisement. KwikMed does not collect personally identifiable information automatically, without your permission, but we may tie information collected automatically to your previously submitted personally identifiable information.

Medical Information:

This Site may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to replace advice provided by a doctor or other qualified health care professional. Users should always consult with a doctor or health care professional for medical advice or treatment.

Certification & Warranty of Applicant

By clicking “I agree” and placing an order you are verifying you are an adult and have read carefully and will answer truthfully all questions in the online medical assessment or in the video consultation (evisit). By completing the medical application, you are engaging a physician contracted by PCM to provide an evaluation. He(she) will be relying on your truthful and accurate information to determine whether medication should be made available to you. You also understand that you may receive medications which include pharmacy instructions. It is your responsibility to notify the PCM’s physician of any significant changes in your medical history.

Patient Consent to Communicate

Your online physician, pharmacist or customer service agent are available to communicate with you via video (evisit), text, live chat, SMS/text, email and/or phone if necessary. By using this site, you agree to communication by any of these methods, unless you specifically request otherwise. Any discussions with your physician will focus on your medical history. If you have any questions please contact us using KwikMed‘s secure messaging email system. This information will not be shared with any third party not associated with us without your express written consent.

Consent to Medical Care

By starting the medical consultation you agree to release KwikMed.com and Phoenix Capital Management, eVisit, its employees, its physicians, dispensing pharmacies, and all related entities and persons from any and all liability whatsoever associated or connected with ordering medications.

In the case of a medical emergency, you understand you will contact a local physician or hospital for immediate care and not rely on your online physician and/or pharmacist for emergency medical care.

Trademark:

The trademarks and trade dress of PCM and its affiliates may not be used in connection with any third party’s product or service in any manner that is likely to cause confusion among customers or others, or in any manner that disparages or dilutes the strength of PCM and its affiliate’s trademarks. All other trademarks not owned by us that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Phoenix Capital Management or KwikMed.com

All material contained in this website, including all images and text, is the property of Phoenix Capital Management.

Copyright ownership:

Copyright 2003 KwikMed.com. All rights reserved.

Accuracy of Information

We strive to accurately and completely describe our products and to provide updated information on our website; however; we do not warrant that product descriptions and information on the website are complete or free from error.

Product Information

All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Our site does not provide or intend to provide answers to medical related questions. KwikMed.com does offer prescription products. All prescription products require physician approval before our pharmacy will dispense any prescription product to the consumer.

Linked Sites

Our site may contain links to Web sites of third parties. We provide these links as a convenience, but do not endorse any linked site nor any of its content. While their information, products, services and information may be helpful to you, they are independent entities and we do not control or endorse them. You agree that any visits to linked sites are at your own risk and governed by their own privacy policies (if any).

Disclaimer of Liability

Neither our employees nor any person or entity involved in creating, producing any site content or services contained on this site, nor any of their respective directors, employees makes any warranty whatsoever, that the site will be uninterrupted or error free. This site is provided by Phoenix Capital Management on an “as is” and “as available” basis. You expressly agree that your use of this site is at your sole risk.

PHOENIX CAPITAL MANAGEMENT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

Governing Law

By visiting KwikMed.com, you agree that the laws of the State of Arizona, without regard to principles of conflict of laws, shall govern these Terms of Use and any dispute of any kind that may arise.

Contact Us

If you have any questions, comments or concerns regarding these Terms of Use, or our Privacy Policy please send an email to service@KwikMed.com.

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