Terms of service
Welcome to ProCare Specialty Pharmacy (“ProCare,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of procarespecialtypharmacy.com, together with the pages, features, tools, forms, portals, content, and online services that we make available through or in connection with the website (collectively, the “Service”).
Please review these Terms carefully before using the Service.
By accessing or using the Service, you acknowledge that you have read and understood these Terms and agree to be legally bound by them. If you do not agree to these Terms, do not use the Service.
1. Acceptance of These Terms
1.1 Agreement
Your access to or use of the Service constitutes your agreement to these Terms and any additional terms or policies expressly incorporated into them.
If you use the Service on behalf of a medical practice, healthcare organization, business, or other entity, you also represent that you have authority to accept these Terms on behalf of that organization.
1.2 Related Policies
Your use of the Service may also be governed by additional ProCare policies and notices, including our:
- Privacy Policy;
- Notice of Privacy Practices, where applicable;
- Cookie or communications notices; and
- Other policies presented in connection with particular features or services.
Where Protected Health Information (“PHI”) is involved, ProCare’s obligations concerning that information are governed by applicable healthcare privacy laws, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), where applicable, and ProCare’s Notice of Privacy Practices.
1.3 Changes to These Terms
We may revise these Terms periodically to account for changes to our services, business practices, technology, or legal and regulatory obligations.
When changes are made, the “Last Updated” date at the beginning of these Terms will be revised. We may provide additional notice of material changes when required by law.
Your continued use of the Service after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.
2. Eligibility and Authorized Use
2.1 Age and Capacity
You may use the Service only if you have the legal capacity to enter into a binding agreement.
If a minor’s information is provided in connection with lawful pharmacy services, the information must be submitted or authorized by a parent, legal guardian, healthcare provider, or other person legally authorized to act on the minor’s behalf, as applicable.
2.2 Compliance With Law
You may use the Service only for lawful purposes.
By using the Service, you represent that your use does not violate any applicable federal, state, or local law, regulation, professional obligation, or contractual restriction.
2.3 Healthcare Professionals and Organizations
If you access or use any portion of the Service as a healthcare professional or on behalf of a healthcare organization, you represent and warrant that:
- Information you submit regarding your identity, credentials, licenses, and practice is accurate;
- You hold all licenses and authorizations required for your professional activities;
- You will use the Service only within the scope of your professional authority;
- You are authorized to submit any patient or prescription information you provide;
- You will comply with applicable prescribing, pharmacy, privacy, and healthcare laws; and
- You have authority to bind the organization you represent, where applicable.
ProCare may verify professional credentials or request additional information before permitting access to certain services.
3. Accounts and Registration
3.1 Account Information
Certain portions of the Service may require registration or an account.
When registering, you agree to provide information that is truthful, accurate, current, and complete and to update that information when necessary.
Providing false, misleading, fraudulent, or unauthorized information may result in restriction, suspension, or termination of access.
3.2 Account Security
You are responsible for safeguarding your account credentials and for activities conducted through your account.
You must promptly contact ProCare if you become aware of or reasonably suspect:
- Unauthorized access to your account;
- Disclosure or compromise of your credentials;
- Unauthorized use of patient information;
- A security incident involving the Service; or
- Other suspicious account activity.
3.3 Account Restrictions
Unless expressly authorized by ProCare, you may not:
- Allow unauthorized individuals to use your account;
- Share credentials with individuals who are not permitted to access the Service;
- Register using a false identity;
- Misrepresent your professional credentials;
- Access another person’s account without authorization; or
- Attempt to circumvent account or identity verification requirements.
We may restrict, suspend, or terminate an account when reasonably necessary to protect patients, healthcare professionals, ProCare, or the integrity and security of the Service.
4. Information and Content Submitted Through the Service
4.1 Submitted Information
You may submit information, documents, communications, requests, feedback, or other materials through the Service (“Submitted Content”).
You remain responsible for the accuracy and lawfulness of information you provide.
4.2 Rights to Submitted Content
By providing Submitted Content, you represent that you have the legal right and authority to provide that information to ProCare and permit its processing for the purposes for which it was submitted.
You grant ProCare the rights reasonably necessary to receive, store, process, reproduce, transmit, and otherwise use Submitted Content for purposes of:
- Operating the Service;
- Responding to your requests;
- Providing pharmacy services;
- Processing transactions;
- Maintaining records;
- Supporting users;
- Protecting the security and integrity of the Service; and
- Complying with applicable law.
This provision does not grant ProCare unrestricted rights to use PHI. PHI will be handled in accordance with applicable healthcare privacy requirements.
4.3 Accuracy of Submitted Information
You agree not to knowingly submit information that is false, fraudulent, misleading, incomplete in a materially significant respect, or submitted without proper authorization.
Healthcare professionals remain responsible for the accuracy and appropriateness of prescription and patient information they submit.
4.4 Feedback
If you voluntarily provide suggestions, ideas, or feedback concerning the Service, ProCare may use that feedback to evaluate or improve its products, services, operations, and technology without compensation to you, unless otherwise agreed in writing.
5. Pharmacy and Healthcare Services
5.1 Pharmacy Services
ProCare is a pharmacy, and certain portions of the Service may facilitate communications, prescription processing, medication fulfillment, or other pharmacy-related activities.
Availability of a product, compounded preparation, strength, dosage form, or other pharmacy service displayed or discussed through the Service does not guarantee that it will be available or appropriate for a particular patient.
Pharmacy services remain subject to applicable federal and state law, professional standards, prescription requirements, ingredient availability, pharmacy review, and other applicable requirements.
5.2 Valid Prescriptions
Prescription medications will be dispensed only pursuant to a valid prescription or lawful order when one is required.
ProCare reserves the right to decline, place on hold, or seek clarification regarding a prescription when reasonably necessary to:
- Verify its validity;
- Confirm required information;
- Address a potential safety concern;
- Resolve conflicting or incomplete instructions;
- Comply with applicable law;
- Satisfy professional pharmacy obligations; or
- Obtain clarification from the prescriber.
Submission of a prescription or order does not guarantee that ProCare will dispense or fulfill it.
5.3 Compounded Medications
Certain medications provided by ProCare may be compounded medications prepared pursuant to applicable law.
A compounded drug is not the same as a commercially manufactured drug approved through the U.S. Food and Drug Administration’s new drug approval process. Unless otherwise applicable to a particular product, compounded preparations are not individually reviewed or approved by the FDA in the same manner as FDA-approved commercially manufactured drugs.
Nothing displayed through the Service should be interpreted as representing that a compounded preparation has received FDA approval unless such a statement is expressly and accurately made regarding the particular product.
5.4 Prescriber Responsibility
The prescribing healthcare professional is independently responsible for determining whether a prescription is clinically appropriate for an individual patient.
ProCare does not replace the professional judgment of the prescribing healthcare provider.
Nothing about the availability of a compounded preparation through ProCare should be interpreted as encouraging or recommending that a provider prescribe a particular medication.
5.5 No Medical Advice From Website Content
General information available through the Site is provided for informational purposes and is not intended to constitute individualized medical advice, diagnosis, or treatment.
Website content should not be used as a substitute for consultation with an appropriately licensed healthcare professional.
Patients should contact their healthcare provider or pharmacist with questions regarding their medications or treatment.
5.6 Medical Emergencies
The Service is not an emergency medical service.
If you believe you are experiencing a medical emergency, call 911 or seek immediate emergency medical attention.
Do not rely on website forms, email, or other non-emergency communications with ProCare for urgent medical assistance.
6. Prohibited Uses
You agree not to use the Service in a manner that could violate law, compromise security, interfere with pharmacy operations, or harm ProCare or another person.
Prohibited activities include:
6.1 Illegal, Fraudulent, or Deceptive Conduct
You may not:
- Violate applicable law or regulation;
- Submit fraudulent prescriptions or documentation;
- Impersonate a healthcare professional, patient, or other individual;
- Misrepresent professional credentials;
- Obtain or attempt to obtain medication through fraud or deception; or
- Use the Service in furtherance of unlawful activity.
6.2 Security and Systems Abuse
You may not:
- Attempt unauthorized access to accounts, systems, databases, networks, or information;
- Probe or test system vulnerabilities without authorization;
- Circumvent authentication or security controls;
- Introduce viruses, malicious software, or harmful code;
- Interfere with the normal operation of the Service; or
- Attempt to access PHI or other information you are not authorized to access.
6.3 Automated Access
You may not use bots, crawlers, scrapers, automated extraction tools, or similar technologies to systematically access, collect, copy, or reproduce information from the Service without ProCare’s prior written authorization, except where such restrictions are prohibited by applicable law.
6.4 Intellectual Property Misuse
Except where expressly permitted, you may not:
- Copy or reproduce substantial portions of the Service;
- Modify or create unauthorized derivative works from Site content;
- Sell, sublicense, or commercially exploit Site content;
- Reverse engineer software associated with the Service; or
- Remove copyright, trademark, or proprietary notices.
7. Intellectual Property
7.1 Ownership
Except for Submitted Content and third-party materials, the Service and its content—including its design, text, graphics, software, interfaces, logos, photographs, trademarks, service marks, and other materials—are owned by or licensed to ProCare and are protected by applicable intellectual property laws.
7.2 Permission to Use the Service
Subject to these Terms, ProCare provides you with a limited, revocable, non-exclusive, non-transferable right to access and use the Service for lawful personal or internal business purposes.
This permission does not transfer ownership of any intellectual property to you.
7.3 Trademarks
The ProCare Specialty Pharmacy name, branding, logos, designs, and related marks are trademarks or other proprietary identifiers of ProCare or their respective owners.
No right to use these marks is granted except with prior authorization or as otherwise permitted by law.
8. Third-Party Websites and Services
8.1 External Services
The Service may interact with or provide links to services operated by third parties, including payment processors, shipping providers, technology providers, healthcare services, or informational resources.
8.2 Independent Third Parties
Third-party services are independently operated.
Unless expressly stated otherwise, ProCare does not control and is not responsible for their:
- Content;
- Availability;
- Security;
- Privacy practices;
- Terms;
- Products; or
- Services.
Your interactions with third-party services may be governed by separate agreements between you and those third parties.
8.3 Third-Party Information
Information originating from third parties may occasionally be displayed or made accessible through the Service. ProCare does not guarantee the accuracy or completeness of independently supplied third-party information.
9. Orders, Payments, Billing, and Refunds
9.1 Pricing
Prices and fees may be presented through the Service, communicated directly, or established through separate agreements.
Pricing may change from time to time as permitted by law.
A displayed price does not guarantee availability of a particular medication, preparation, service, or prescription.
9.2 Payment Authorization
Where payment is collected through the Service, you agree to provide valid and authorized payment information.
By submitting a payment method, you authorize ProCare and its applicable payment processors to charge amounts associated with authorized transactions.
9.3 Third-Party Payment Processing
Payment transactions may be handled by independent payment processors.
ProCare may not directly receive or retain complete payment-card information when payment information is submitted directly to a payment processor.
Use of a third-party payment service may also be subject to that provider’s terms and privacy practices.
9.4 Billing Information
You are responsible for maintaining accurate billing and payment information.
If a payment is declined or cannot be processed, ProCare may delay or decline the associated transaction until payment issues are resolved, subject to applicable law and professional obligations.
9.5 Cancellations and Prescription Orders
Because prescription medications and compounded preparations may be patient-specific, made to order, or subject to dispensing restrictions, cancellation may not be possible after preparation or processing has begun.
Any cancellation request will be evaluated based on the status of the prescription or order and applicable pharmacy requirements.
9.6 Returns and Refunds
Prescription medications generally cannot be returned for reuse or resale once dispensed, except where permitted by law.
Refund eligibility may therefore depend on the circumstances surrounding the order, applicable law, whether preparation or dispensing has occurred, and ProCare’s applicable refund or return policies.
Nothing in these Terms limits any refund, replacement, or other remedy that applicable law requires ProCare to provide.
9.7 Taxes and Other Charges
You are responsible for taxes and other charges legally applicable to your transaction, except taxes imposed directly on ProCare’s income.
10. Disclaimers
10.1 Website Availability
To the maximum extent permitted by applicable law, the Site and its general online functionality are provided on an “as available” and “as is” basis.
ProCare does not guarantee that the Service will always be uninterrupted, error-free, secure, or available.
10.2 Website Information
We make reasonable efforts to maintain accurate information, but Site content may contain errors, omissions, outdated information, or technical inaccuracies.
Information concerning medications, services, availability, pricing, or other matters may change without immediate corresponding updates to the Site.
10.3 No Guarantee of Prescription Fulfillment
ProCare does not guarantee that every prescription submitted to the pharmacy can or will be filled.
Fulfillment may depend on numerous factors, including:
- Applicable law;
- Prescription validity;
- Pharmacist review;
- Ingredient or medication availability;
- Patient-specific considerations;
- Prescriber clarification;
- Shipping restrictions; and
- Other professional or regulatory requirements.
10.4 Statutory Rights
Some jurisdictions do not permit the exclusion of certain warranties. Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.
11. Limitation of Liability
11.1 Excluded Damages
To the fullest extent permitted by applicable law, ProCare and its owners, affiliates, officers, employees, representatives, contractors, and agents will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from or relating to the Service.
This may include loss of profits, revenue, business opportunity, goodwill, or data.
11.2 Scope of Limitations
These limitations apply regardless of the theory of liability and regardless of whether ProCare was advised that such damages were possible.
Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded or limited, including liability arising under applicable healthcare or consumer-protection laws where such limitation is prohibited.
11.3 Maximum Liability
To the fullest extent permitted by applicable law, ProCare’s aggregate liability arising from the general use of the Service will not exceed the greater of:
- The amount you paid directly to ProCare through the Service during the three months preceding the event giving rise to the applicable claim; or
- $100.00 USD.
This limitation does not apply where applicable law prohibits such a limitation.
12. Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless ProCare and its owners, affiliates, officers, employees, representatives, agents, and contractors from claims, liabilities, damages, judgments, losses, costs, and reasonable attorneys’ fees arising from or relating to:
- Your unlawful or unauthorized use of the Service;
- Information you submit without authorization;
- Your material violation of these Terms;
- Your infringement of another person’s rights; or
- Your violation of applicable law.
For healthcare professionals or organizations, this may also include claims arising from materially false professional information, unauthorized submission of patient information, or unlawful use of the Service.
ProCare reserves the right to control the defense of a matter subject to indemnification, to the extent permitted by law.
13. Suspension and Termination
13.1 Discontinuing Use
You may stop using the Service at any time.
13.2 Suspension or Termination by ProCare
We may restrict, suspend, or terminate access when we reasonably determine that doing so is appropriate because of:
- A violation of these Terms;
- Suspected fraud;
- Security concerns;
- Unauthorized access;
- Misrepresentation;
- Unlawful activity;
- Risk to patients or other users; or
- Legal or regulatory requirements.
13.3 Effect of Termination
Following termination or suspension, your authorization to access affected portions of the Service may immediately cease.
ProCare may retain information when necessary or required for:
- Pharmacy recordkeeping;
- Legal or regulatory compliance;
- Security;
- Fraud prevention;
- Dispute resolution; or
- Other legitimate purposes permitted by law.
Termination of an online account does not require ProCare to delete pharmacy, prescription, healthcare, financial, or other records that must or may lawfully be retained.
13.4 Surviving Provisions
Terms that by their nature should continue following termination—including intellectual property provisions, payment obligations, disclaimers, liability limitations, indemnification, dispute provisions, and applicable recordkeeping obligations—will remain effective.
14. Changes to the Service
ProCare may modify, improve, replace, restrict, suspend, or discontinue features of the Service from time to time.
We do not guarantee that any particular website feature, functionality, medication listing, service, or integration will remain continuously available.
Where legally required, appropriate notice will be provided before material changes take effect.
15. Governing Law and Dispute Resolution
15.1 Governing Law
These Terms and disputes arising from or relating to them or the Service will be governed by the laws of the State of New York, without regard to conflict-of-law principles, except where applicable federal law controls or another jurisdiction’s law cannot legally be waived.
15.2 Venue
To the extent permitted by applicable law, legal proceedings arising from or relating to these Terms or the Service shall be brought in a court of competent jurisdiction located in New York, and the parties consent to the jurisdiction of those courts.
Nothing in this provision prevents a consumer from exercising rights to bring a proceeding in another jurisdiction where applicable law expressly provides a non-waivable right to do so.
15.3 Informal Resolution
Before initiating formal proceedings, you are encouraged to contact ProCare so that we have a reasonable opportunity to understand and attempt to resolve the issue.
This provision does not prevent either party from seeking immediate relief where necessary or exercising rights that cannot legally be restricted.
15.4 Time Limitations
Any contractual limitation period applicable to claims under these Terms will apply only to the extent enforceable under applicable law.
Nothing in these Terms shortens a statutory limitation period where doing so would be prohibited by law.
16. General Provisions
16.1 Entire Agreement
These Terms, together with policies and additional terms expressly incorporated into them, constitute the agreement between you and ProCare concerning your use of the Service, except where a separate written agreement governs a particular relationship or transaction.
16.2 Severability
If a provision of these Terms is determined to be unlawful or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will continue in effect.
16.3 No Waiver
A failure by ProCare to enforce a provision of these Terms does not waive our right to enforce that provision or any other provision later.
16.4 Assignment
You may not transfer your rights or obligations under these Terms without ProCare’s prior written consent.
ProCare may transfer these Terms in connection with a merger, acquisition, reorganization, sale of assets, or similar business transaction, subject to applicable law.
16.5 Headings
Section headings are provided for convenience and do not alter the meaning or interpretation of these Terms.
17. Contact Information
Questions regarding these Terms or the Service may be directed to:
ProCare Specialty Pharmacy
Attn: Legal Inquiry
2220 Forest Avenue
Staten Island, NY 10303
United States
Email: info@procarespecialtypharmacy.com
When contacting us regarding an account or transaction, please provide sufficient information for us to identify and respond to your request without unnecessarily including sensitive medical information.