Terms of Service

Last Updated: June 6, 2021

Thanks for visiting our website (the “Website”). Please read these terms carefully so that you understand them.  

By accessing or using our Website you agree to be bound by these terms and conditions (“Terms of Use”) with Duco Docs LLC d/b/a PRIMR (“PRIMR,” “Company” “we,” or “us”). You represent that you have the authority to agree to these Terms of Use and are at least 18 years old and of sufficient age in your jurisdiction to enter into this agreement. If you do not agree with these Terms of Use, you cannot access or use our Website. 

PRIVACY POLICY

Please refer to our Privacy Policy at www.primrmed.com/privacy-policy, which describes our privacy practices, including how we collect, use and disclose your Personal Information, as defined in the Privacy Policy. 

WEBSITE FEATURES

You have the option to communicate with us through the Website. By entering your name, email address, and providing any other personal information (as applicable), you agree that we may contact you electronically or in any other manner about our Company or to otherwise address your inquiry. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that those communications be in writing. 

If you create and access a password-protected account through the Website, 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.

PRIMR DOES NOT PROVIDE PERSONAL, PROFESSIONAL OR MEDICAL ADVICE

Our Website is used for reference and informational purposes only.  To the extent we provide any services through our Website or a related PRIMR platform, those services are subject to our separate terms of service, and those services involve solely the facilitation of communication between users. The Website is not intended to and does not provide personal, professional or medical advice. You agree that accessing our Website does not create a professional or business relationship with you other than as expressly set forth in these Terms of Use, to the extent applicable. If one of our customers is your treatment provider, you may receive information related to certain medical conditions and treatment through the Website from the treatment provider. Your treatment provider is independent of PRIMR and is not an employee, contractor or agent of PRIMR.  PRIMR disclaims all responsibility for any advice or other information your treatment provider provides to you through the Website or a related PRIMR platform. 

Information you receive from your treatment provider is not intended to be, and should not be considered as, medical advice from PRIMR. Further, nothing on this Website, nor information received via this Website or a related PRIMR platform from your treatment provider, is intended to be, nor should be construed as, a promise, representation or a warranty by PRIMR that any particular drug, medical service, product, or treatment is safe, appropriate, or effective for you. 

ACCOUNTS

Account Creation.  In order to access the services offered through the Website, you must register for an account and provide certain information about yourself as prompted by the registration form.  You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will always maintain the accuracy of such information.  You may not create more than one account with us. PRIMR may suspend or terminate your account as provided in these Terms of Use below. 

Account Deletion.  You may delete your account at any time, for any reason, through the Website.

Account Responsibilities.  When you create an account, you will establish or be provided with a username and password.  You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account.  You agree immediately to notify PRIMR of any unauthorized use, or suspected unauthorized use, of your account or any other breach of security.  Your access to the Website, and your account, is solely for your own personal use.  You shall not authorize or enable others to use your account.  Except with the express authorization of another user to access and use the Website on the other user’s behalf (e.g., as a caregiver or other agent of the user), you shall not use the username or password of any other user at any time, or attempt to impersonate another user, or any person who is not a user.

COMMUNICATIONS

Text Messaging.  You agree that PRIMR, its affiliated companies, and necessary third-party service providers and those acting on its behalf may send you operational and informational text (SMS) messages in connection with your use of the Website at the mobile phone number you provide us.  PRIMR may also send marketing or other promotional messages to your phone to the extent that you have provided the appropriate opt-in consent. Messages from PRIMR may include, but are not limited to: a link to information from your treatment provider, operational communications concerning your user account or use of the Website, updates concerning new and existing features on the Website, communications concerning promotions run by us or our third-party partners, and news concerning PRIMR and industry developments.  Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.  Your agreement to receive promotional texts is not a condition of any purchase or service offered by PRIMR.  If you change or deactivate the phone number you provide to PRIMR, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number.  You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems.

Opt-Out.  You may opt out of receiving text messages from PRIMR at any time by replying STOP to any text message from PRIMR.  If you opt-out of receiving all text messages from PRIMR, you will not be able to use the services provided through the Website without agreeing to receive operational text messages.  You may continue to receive text messages for a short period while PRIMR processes your request, and you may also receive text messages confirming the receipt of your opt-out request.

Email.  You agree that we may send you emails concerning our products and services, as well as those of third parties.  You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.

RESTRICTIONS

The Website is intended for use by individuals who are 18 years of age or older.  If you are under 18 years of age, you may not use this Website.

You will not impersonate any person or entity, or misrepresent your affiliation with a person or entity, or misrepresent the origin of any information that you provide to us. You agree that your use of the Website will at all times be for personal and non-commercial purposes. You agree that your use of the Website will at all times be for lawful purposes, and you will comply with all applicable laws and regulations, including all applicable copyright laws, in your use of the Website.

You further agree that:


If at any time you cease to meet the above requirements, you must immediately delete your account from the Website.

You agree that you will not, and will not attempt to, interrupt or otherwise interfere with the operation of our Website in any way. You agree that you will not, and will not attempt to, reproduce, transmit, distribute or otherwise view, use or exploit the Website in a manner that: 

You further agree that you will not:

We reserve the right to terminate or restrict your use of the Website at any time, without notice or liability, if we determine or reasonably believe in our sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other reason. We may use technical measures to block or restrict your prohibited access to or use of the Website, and you agree not to circumvent, avoid, or bypass such restrictions. 

We also reserve the right to take appropriate legal action against you, and you acknowledge that, in violating these Terms of Use, you will have caused substantial harm to us and that the amount of such harm would be extremely difficult to measure.  Moreover, evidence of use of this Website for illegal purposes may be provided to law enforcement authorities.

If we do take any legal action against you as a result of your violation of these Terms of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third-party for termination or limitation of your access to the Website as a result of any violation of these Terms of Use.

INTELLECTUAL PROPERTY 

Our Website contains images, graphics, frames, logos, text, code, and other various elements that are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You acknowledge that the Website and any content on it is and will remain our property or the property of our licensors, if any. You agree to comply with all intellectual property laws, and you will not encumber any interest in, or assert any rights to, the Website. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on the Website, in whole or in part.

LINKS

Our Website may provide links to other third-party websites or apps. Our decision to link to a third-party website or app is not an endorsement of the content, products or services in the third-party website or app. We do not control these third-party websites and apps and expressly disclaim any responsibility for the content, the accuracy of the information and any products or services available on the third-party websites and apps. We have not investigated or monitored the third-party websites and apps for accuracy or completeness. The third-party websites and apps may have different privacy policies and security standards than our Website.    

TRADEMARKS

PRIMR, the PRIMR logo, and any product or service names appearing on this Website are trademarks, service marks or registered trademarks or service marks of PRIMR or third parties, whether or not appearing in large print or with the trademark symbol. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

OWNERSHIP AND PROPRIETARY RIGHTS TO TRANSMITTED INFORMATION

Any communication or material you transmit to the Website, including any data, questions, comments, suggestions, or the like, becomes the property of PRIMR and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, and broadcast, subject to any applicable terms in our Privacy Policy. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information, subject to any applicable terms in our Privacy Policy.

SECURITY

We are committed to protecting our users’ personal data. While we take reasonable data protection precautions, no security measures are completely effective, and we do not guarantee the security of user data at any time. We cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or administrative safeguards. Even though there are many benefits to using our Website, as with all electronic communications there are some risks such as (i) failure of hardware, software and/or Internet connections; we are not responsible for failures, distortions, delays, or other problems resulting from equipment configuration, connection, signal power, hardware, software or any equipment used to access the Internet; and (ii) no guarantee that the confidentiality or security of electronic transmissions via the Internet can be assured due to potentially unsecure computers and links. This could result in your data becoming lost or intercepted during transmission. It is your responsibility to protect the security of your login information and to use good judgment before deciding to send information via the Internet. We will not be liable for any breach of the security measures on the Website or any loss, misuse, or alteration of information resulting therefrom or from communications through the Internet.  

Your Website account can be accessed only after your username and password are accepted. This allows us to verify who you are and prevents unauthorized access to your account. You are responsible for:

TERMINATION

PRIMR reserves the right, at any time, to modify, suspend, or discontinue the Website, or any part of the Website, with or without notice.  You agree that PRIMR will not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Website, or any part of the Website. Furthermore, we may suspend or terminate your use of or access to the Website if you fail to comply with these Terms of Use. 

INDEMNIFICATION

You agree to indemnify, defend (subject to our right, in our sole discretion, to assume exclusive defense and control), and hold harmless PRIMR, its partners, consultants, officers, directors, employees, contractors, and advisors from and against all claims, losses, liability, expenses, damages, judgments, awards, and costs (including reasonable attorney’s fees), related to or arising from (i) any breach of these Terms of Use, (ii) your use or misuse of any material or information posted, provided, transmitted, or otherwise made available by you or by us, or (iii) your access or use of the Website. 

We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests to assist our defense of such matter.  

DISCLAIMER OF WARRANTIES 

USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH YOUR USE OF THE WEBSITE, FOR THE PROVISION OF ANY MEDICAL ADVICE (IF YOU ARE A TREATMENT PROVIDER) AND FOR ANY ACTIONS TAKEN OR RELIANCE ON MEDICAL ADVICE (IF YOU ARE A PATIENT OF THE TREATMENT PROVIDER) COMMUNICATED THROUGH THE WEBSITE OR A RELATED PRIMR PLATFORM. ALL INFORMATION CONTAINED ON OR PROVIDED THROUGH THE WEBSITE, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS.  PRIMR RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT ANY OBLIGATION, TO CORRECT ANY ERROR OR OMISSIONS IN ANY PORTION OF OUR WEBSITE, WITH OR WITHOUT NOTICE TO YOU.  

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PRIMR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. THESE INCLUDE, BUT ARE NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  YOU UNDERSTAND THAT PRIMR CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES, IF ANY, AVAILABLE FOR DOWNLOADING FROM THE WEBSITE OR THROUGH LINKS WE SEND TO YOU WILL BE FREE OF VIRUSES, MALWARE, OR OTHER DESTRUCTIVE CODE. PRIMR WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR SMART PHONE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE.

WITHOUT LIMITING THE FOREGOING, PRIMR MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, AVAILABILITY, ACCURACY, QUALITY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS, OR SUITABILITY OF THE WEBSITE.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

THE TREATMENT PROVIDERS THAT ACCESS AND USE THE WEBSITE OR OTHER PRIMR PLATFORMS TO COMMUNICATE WITH USERS ARE INDEPENDENT OF PRIMR AND ARE NOT PRIMR EMPLOYEES, AGENTS OR CONTRACTORS. PRIMR DISCLAIMS ANY RESPONSIBILITY FOR ANY ADVICE OR OTHER INFORMATION PROVIDED BY THE TREATMENT PROVIDERS.

PRIMR FURTHER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE TRAINING OR SKILL OF ANY TREATENT PROVIDER WHO PROVIDES INFORMATION OR ADVICE TO ANY USER THROUGH THE PRIMR WEBSITE OR RELATED PRIMR PLATFORMS.

LIMITATION OF LIABILITY

IN NO EVENT WILL PRIMR BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF GOODWILL, LOSS OF USE, EMOTIONAL DISTRESS, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, RELIANCE ON, OR THE INABILITY TO USE, THE WEBSITE OR IN CONNECTION WITH INFORMATION TRANSMITTED THROUGH THE WEBSITE OR OTHER PRIMR PLATFORM. PRIMR WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.

TO THE EXTENT ANY OF THE ABOVE LIMITATIONS OF LIABILITY ARE RESTRICTED BY APPLICABLE FEDERAL, STATE, OR LOCAL LAW, SUCH LIMITATIONS WILL NOT APPLY TO THE EXTENT OF SUCH RESTRICTIONS. 

ASSIGNMENT

We may assign these Terms of Use at any time, including, without limitation, to any parent, subsidiary, or any affiliated entity, or as part of the sale to, merger with, or other transfer of our association to another entity. You may not assign, transfer or sublicense these Terms of Use to anyone else and any attempt to do so in violation of this section shall be null and void.

DISPUTES

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF OUR WEBSITE, OR TO SERVICES SOLD BY US WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE U.S. FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THESE TERMS OF USE.

There is no judge or jury in arbitration and court review of an arbitration award is limited. However, an arbitrator can award, on an individual basis, the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must submit an arbitration request, including a description of your claim, to contact@primrmed.com. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.

YOu and We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, You and we each waive any right to a jury trial. 

You also agree that we may bring suit in court to enjoin infringement or other misuse of our intellectual property rights.

GOVERNING LAW

These Terms of Use will be governed exclusively by the laws of the State of Connecticut, without regard to its conflicts of laws rules.  The state and federal courts located in the State of Connecticut, New Haven county, will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms of Use that is not subject to arbitration.  You waive any jurisdictional, venue, or inconvenient forum objections to such courts. Any cause of action or claim you may have with respect to these Terms of Use must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable.  

MISCELLANEOUS

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only.

CHANGES

We may, without advance notice, supplement or change these Terms of Use at any time. Any changes made to these Terms of Use will be effective as soon as we post them on the Website. By accessing the Website, you agree to be bound by these Terms of Use as posted on the Website at the time of your access or use. It is your sole responsibility to review these Terms of Use each time you access or use the Website so that you are aware of any changes to these Terms of Use. If any change to these Terms of Use is not acceptable to you, your sole remedy is to cease using the Website.

ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between you and us with respect to use of the Website, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written.  

CONTACT US

We endeavor to review and reply promptly to communications sent to us. If you have any questions about these Terms of Use, please feel free to reach out to us at:


PRIMR

328 North Steele Rd

West Hartford, CT 06117

contact@primrmed.com