Terms of Use
Senderra Specialty Pharmacy
Website Terms of Use
These terms were last updated March, 6, 2024.
These Website Terms of Use (“Terms of Use”) are entered into by and between you (“you,” or “your”) and Senderra Rx Partners, LLC and its affiliates (“Senderra,” “we,” “our” or “us”). These Terms of Use govern your access to and use of our websites, including www.senderrarx.com or any related website (the “Site”).
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE SITE. THE SITE IS OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER AND RESIDENT IN THE UNITED STATES. BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE SITE.
THESE TERMs OF USE INCLUDE A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SITE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION, AND A JURY WAIVER.
These Terms of Use contain the following information, which you can access by scrolling down:
Site Content and Intellectual Property Rights
Links from the Site and Third-Party Content
Disputes; Governing Law and Jurisdiction
Typographical Errors; Content Disclaimer
No Medical Advice
The Site is provided for informational purposes only. You should not rely on the Site or the Content (which is defined below) or other information therein in deciding on a treatment plan, drug usage, medical procedure, or any other medical advice, and we strongly urge that you consult with a licensed physician in connection with all treatment options that may be available to you. You expressly acknowledge and agree that Senderra is not responsible for the results of any decisions made based on your use of the Site.
THE CONTENT ON THE SITE IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH THE SITE IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
Accessing and Using the Site
Subject to these Terms of Use, we grant to you, for your personal, non-commercial use only, a non-exclusive, limited, non-transferable, and revocable license to access and use the Site and Content (as defined below). Permission is granted to download the Content for your use only and only for the purposes for which we provided you access to the Site, provided you do not delete, modify, overwrite, hack, or attempt to change or alter any of the Content and that you retain all copyright notices and other proprietary notices contained in the Content, as applicable.
You understand that to the extent you post, upload, input, submit, or otherwise provide information, data, or other materials in connection with the Site (“User Content”), whether publicly posted or privately transmitted, you agree to provide true, accurate, and complete information. Your decision to provide any User Content in connection with our Site is voluntary. If you choose to provide User Content, you shall be responsible for the accuracy, quality, and legality of the User Content provided by you. By providing User Content to us or the Site, you grant to Senderra and its affiliates the worldwide, irrevocable, perpetual, nonexclusive, royalty free, right and license to use, process, access, display, reproduce, adapt, edit, publish, distribute, copy, host, store, and otherwise exploit such User Content as reasonably necessary to perform our obligations under these Terms of Use or as otherwise expressly set forth herein. Senderra reserves the right to delete User Content that we believe are/is inappropriate, profane, abusive, explicit, “spam,” or irrelevant in our sole discretion and without notice.
To the extent you provide any User Content, including but not limited to personal information, to Senderra, you warrant that: (i) you are providing or obtaining only your own information or the information of others which you are authorized to provide to third parties; and (ii) the use of such information by Senderra and its representatives will not infringe upon or misappropriate the intellectual property rights or otherwise violate the rights of any third parties.
YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISK RELATED TO THE UPLOADING, INPUTTING, OR TRANSMISSION OF USER CONTENT TO THE SITE.
We, in our sole discretion, reserve the right to terminate these Terms of Use and access to the Site for any reason or no reason and at any time.
Site Content and Intellectual Property Rights
The Senderra name, Senderra logo, and all related trademarks, service marks, trade names, logos, product and service names, designs, and slogans (collectively, “Trademarks”) are trademarks of Senderra or its affiliates or licensors. You may not use the Trademarks without the prior written permission of Senderra. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
The Site and its entire contents, features, and functionality (including but not limited to all Trademarks, information, software, text, displays, images, video, and audio, and the design, selection, coordination, arrangement and “look and feel” thereof), collectively “Content”, are owned by Senderra, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to the any Content is transferred to you, and all rights not expressly granted are reserved by Senderra. Any use of Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
If you provide any remarks, feedback, suggestions, ideas, or other information that is communicated by you to us if you choose, about our products, services and the Site, including via social media pages, responses to surveys or requests for feedback, and/or other areas/mechanisms by which you may submit comments or other content (“Feedback”), you hereby irrevocably assign such Feedback to us. You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future modifications of the Site or in other of our products or services. We will not be required to treat any Feedback as confidential and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Restrictions on Use
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You may not distribute, republish, display, copy, reproduce, download, transmit, license, sell, create derivative works from, transfer, or otherwise exploit any Content or information from the Site, in whole or in part, without our express written permission. You may not “mirror” any Content or information from the Site on any other server without our express prior written permission. You also agree not to permit or to encourage any third party to do any of the same.
In addition, you shall not (and shall not allow or encourage any person to):
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delete, modify, hack, or attempt to change or alter any of the Content on the Site;
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remove, delete, alter, or obscure any Trademarks, or otherwise remove or modify any copyright or other intellectual property or proprietary rights notices from the Site or any Content;
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reverse engineer, disassemble, decompile, or decode the Site or any Content therein, in whole or in part;
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use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology, or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Site or Content thereon;
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replicate, reproduce, copy, or distribute Content from the Site, or any Senderra Trademarks, in violation of these Terms of Use;
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post on or transmit through the Site any material or content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or otherwise objectionable;
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use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or servers or networks connected to the Site, or take any other action that interferes with administration, security, and/or operation of the Site or other parties’ use of the Site;
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attempt to access computer systems or networks connected to any of our servers or to the Site, through hacking or any other means;
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take any action that imposes an unreasonable or disproportionately large load on Senderra and/or our affiliates’ infrastructure;
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disseminate, store, upload, or transmit files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any malicious code or program that may damage the operation of another’s computer or the property of another;
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publish, post, or otherwise communicate false information, inaccurate information, or information of another person for which you are not authorized to provide; or
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engage in any other activity deemed by Senderra to be in conflict with the spirit or intent of these Terms of Use.
If you violate these Terms of Use, we reserve the right to (i) terminate, suspend or limit your access to or use of the Site; (ii) notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; or (iii) refuse to provide our services to you in the future; and/or take legal action against you.
Privacy
We will treat any information we collect or receive from you through the Site in accordance with our Privacy Policy and any protected health information (as that term is defined by applicable law) as described in our Notice of Privacy Practices, which are incorporated into these Terms of Use by reference. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and, to the extent applicable, the Notice of Privacy Practices. If you are unwilling to accept the terms and conditions of our Privacy Policy or Notice of Privacy Practices, please do not use the Site.
Links from the Site and Third-Party Content
The Site may contain links to other websites on the Internet, which are not maintained by us and with which our connection consists of only a hyperlink (“Linked Sites”). When you leave the Site, you do so at your own risk. All Linked Sites are provided only because they may be of interest to users of the Site or offer a service for your convenience. The fact that we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that Linked Site or its content, products, or services.
You acknowledge and agree that Senderra has no responsibility for the accuracy or reliability of information provided by the Linked Sites. Senderra does not author, edit, or monitor these Linked Sites. You should refer to the separate terms of use, privacy policies, and other rules posted on a Linked Site before you use them. You acknowledge that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service, or any other material provided through a Linked Site. You bear all risk associated with the use of the Linked Sites, third party services, and your correspondence or business dealings with advertisers other than us found on or through the Site. We reserve the right to terminate such links at any time.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SENDERRA IS PROVIDING THE SITE AND ALL CONTENT ON AN “AS-IS,” “AS-AVAILABLE,” AND “WITH ALL FAULTS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE, CONTENT, INFORMATION, OR OTHER MATERIALS INCLUDED ON THE SITE. SENDERRA DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. SENDERRA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, OR CURRENT. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THE SITE AND/OR ANY CONTENT PROVIDED ON THE SITE. YOU UNDERSTAND AND AGREE THAT ANY CONTENT AND/OR DATA ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA. SENDERRA DOES NOT WARRANT THAT THE SITE OR ANY CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.
SENDERRA DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. IN ADDITION, THE SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. SENDERRA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THE SITE OR ANY OTHER LINKED SITES.
Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable law.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SENDERRA, ITS AFFILIATES, OR OUR OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, PARTNERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IF ANY EXCLUSION, DISCLAIMER, OR OTHER PROVISION CONTAINED IN THESE TERMS OF USE IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION, AND SENDERRA, ITS AFFILIATES, OR OUR OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, PARTNERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BECOMES LIABLE FOR LOSS OR DAMAGE THAT WOULD OTHERWISE BE LIMITED, THE AGGREGATE LIABILITY OF SENDERRA AND ITS AFFILIATES, AND OUR OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) IS LIMITED TO ONE HUNDRED DOLLARS ($100.00 USD).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless Senderra, its affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Content, any use of the Site's Content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.
Disputes; Governing Law and Jurisdiction
These Terms of Use shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Any claim or dispute between you and us that relates to or arises in whole or in part from the Site or these Terms of Use shall be decided exclusively by a court of competent jurisdiction located in Dallas County, Texas, provided, that you hereby agrees that any dispute arising out of or relating in any way to these Terms of Use or your use of the Site or any Content, information, materials or services you obtain from us requires that such claim be resolved exclusively by confidential binding arbitration. The arbitration shall be conducted before three neutral arbitrators in Dallas County, Texas, in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Punitive and consequential damages may not be awarded under these Terms of Use.
BECAUSE THE USE OF THE SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN YOU AND US, NEITHER YOU NORE WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER YOU OR WE WOULD HAVE IF YOU OR WE WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. You and we both hereby consent to the exclusive jurisdiction of the state or federal courts located in Dallas County, Texas for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, or (iv) to enforce our intellectual property rights under these Terms of Use. You and we both consent for service of process in any such action by registered mail or any other means provided by law. Should this Section be deemed invalid or otherwise unenforceable for any reason, it shall be severed, and you and we both agree that sole and exclusive jurisdiction and venue for any claims will be in the state or federal courts in Dallas County, Texas.
Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Site must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
Typographical Errors; Content Disclaimer
Although we attempt to ensure the integrity and accurateness of the Site, we make no claim, representation, or warranty as to the accuracy, reliability, or suitability of the information contained within the Site, including, but not limited to, the Content and any other information contained in any text, documents, graphics, and other elements. The Content may contain technical errors, typographical errors, errors made or perpetuated by third parties, or other forms of error. The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on the Site. We reserve the right in our sole discretion to make alterations or deletions to the Content at any time without notice. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on the Site at any time without notice.
Waiver and Severability
No waiver by Senderra of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Senderra to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, our Privacy Policy, and our Notice of Privacy Practices constitute the sole and entire agreement between you and Senderra regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
Changes to the Terms of Use
We reserve the right, at our sole discretion, to make changes to all or part of these Terms of Use at any time. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. By using of the Site after we post revised Terms of Use, you accept and agree to the changes. We encourage you to check this page frequently, so you are aware of any changes, as they are binding on you.
Contact Information
If you have any questions about these Terms of Use or our Site, please contact us by mail at Senderra Rx Partners, LLC, 9330 LBJ Freeway, Suite 1300, Dallas, TX 75243 or by phone at 888-777-5547.