EngageDr. ℠ Services
General Terms and Conditions
PARTICIPATION AND LIMITED LICENSE: Your pharmacy location’s participation is a contractual privilege (a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license) to use EngageDr.℠ services, Educational/Consulting Components, Initial Month/Orientation, Virtual Webinar Education Series in 1st Month of Sign-Up, Ongoing Access to Pre-Recorded Categories of Content, Topics: Clinical Services, Marketing, Regulation, Workflow, Billing and Coding, Analytics, Special Settings, Partnerships; 1 Clinic Assessment/Consultation Per Year Of Pharmacy’s choosing per Participating Pharmacy, Additional Assessments out of cycle are $1,200 per assessment, 1 “Live” General Consultation Webinar per Month, Topics chosen based on feedback from Participants, This is the “Educational Track, 1 Webinar per month focused on CIN opportunities; Additional ongoing services: Data and Reporting, Group Contracting Opportunities, Legal Support (Contracts), Financial Modeling, Credentialing Supports, Marketing of EngageDR, CIN to CIN offerings, EngageDr. Program Administration (collectively the “Services”) conditioned on your continued compliance with the terms and conditions of this Agreement. Use of EngageDr.℠ services, including all materials presented herein and all online or onsite services provided by CPESN or Avant Institute, is subject to the following Terms and Conditions. By using the Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them. Parties agree that the Service is in the nature of education. The scope of services provided by CPESN and/or Avant Institute according to this Agreement are limited to those listed on www.egnagedr.com. CPESN reserves the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.
USE OF WWW.EngageDR.COM (S) AND SERVICE: To access or use the EngageDR℠. services, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions and utilize the services withing the scope of your relationship with the participating location signing up for EngageDr. Children under the age of 18 are prohibited from using the Site(s). Information provided on the Site and in the Services are subject to change. CPESN makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. CPESN disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
ACCOUNT: In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to CPESN will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. You will ensure that each pharmacy location accessing and utilizing EngageDr. Services will limit the access to those service and use of materials to that pharmacy location.
LAWFUL PURPOSES: You may use the Site and Service for lawful purposes only. You agree to be a $310 monthly in addition to your current CPESN monthly charge and are responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, purposes only.
DURATION OF AGREEMENT: Once participation is confirmed, we will provide you access to the purchased Services beginning on the first day of the next whole month. You agree and understand that no breach of contract action may be initiated against CPESN when there are reasonable delays in the access of the Service. The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. We reserve the right to terminate participation for failing to adhere to the terms and conditions or that are held by any individuals representing companies that offer a similar or directly competing Service. CPESN reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement. If you are paying on a monthly subscription this allows you access to the Service for 30 days. Failure to pay your monthly subscription payment will result in access to the Service being stopped. For annual subscriptions you will receive 365 days access. You may cancel the automatic renewal of your annual subscription at any time and your access to the Site will end at the end of the current contracted term.
CANCELLATIONS: You may cancel your monthly subscription at any time after the first twelve months by emailing EngageDR@cpesn.com but due to the nature of the Service no refunds will be made for any participation fees already paid. Once you cancel you will no longer have access to the Service, including all content and community resources, once your current particiaption period is completed. No partial refunds are given should you terminate an annual subscription before your renewal date, however you will retain access to the Service until the end of your annual payment term.
PRODUCT DESCRIPTION: We endeavor to describe and display the Service as accurately and timely as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
INTELLECTUAL PROPERTY AND RESTRICTED USE: The Site and Service contain intellectual property owned by CPESN and or Avant Institute, including trademarks, copyrights, proprietary information, and other intellectual property. CPESN’s and Avant Institute copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including copyrighted materials shall remain the sole property of CPESN. No license to sell or distribute our materials is granted or implied. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
CHANGED TERMS: We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY: YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, CPESN IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF CPESN HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL CPESN’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM CPESN, AND IF NO PURCHASE HAS BEEN MADE BY YOU CPESN’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
ENTIRE AGREEMENT; WAIVER; SEVERABILITY: This Agreement constitutes the entire agreement between you and CPESN pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by CPESN shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by CPESN. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT: CPESN may assign this Agreement in its sole discretion. You may not assign this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties respective successors and assigns.
GOVERNING LAW: This Agreement has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of North Carolina. You agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue in the courts in the State of North Carolina.
Updated: September 2020