Terms and Conditions

Participant Responsibilities

Compliance with Law and Policies. Participant shall at all times use the System and the Products in accordance with applicable law, including without limitation all obligations of Participant under HIPAA. Participant shall assure that at all times: (a) it remains a pharmacy in good standing and (b) it maintains all applicable licenses and registrations required by law for such Participant and its Authorized Persons.

Information and Medical Judgment. Participant accepts sole responsibility for: (a) the accuracy, completeness and integrity of all data that Participant or its Authorized Persons input into the System and (b) all medical judgments and advice made and provided by Participant or its Authorized Persons using the Products and the System.

Security. Participant shall take reasonable measures, and establish and enforce reasonable procedures, to ensure that the System is accessible only to Authorized Persons, and that the System transactions are not altered, lost or destroyed, including without limitation maintaining the confidentiality of all login ids and passwords issued to Participant’s Authorized Persons. Participant shall not alter, enhance or make derivative works of the System, reverse engineer or decompile the System, and shall not engage or permit, and take reasonable measures to prevent, any hacking of or unauthorized access to the System. Participant will maintain the security and confidentiality of the Information and protect it from loss or destruction. Participant shall take all appropriate actions to ensure that adequate technical, physical and administrative security measures are in place and utilized so as to prevent the unauthorized use of or access to, or the disclosure, loss or destruction of the Information. In the event Participant discovers, or suspects, unauthorized use of or access to the System, it shall immediately notify Asembia. Participant agrees to comply with any additional reasonable security measures that may be required by Asembia.

System Requirements. Asembia may from time to time specify in the User Documentation and/or the System Rules any minimum standards and requirements for hardware, operating platforms, and other software, if any, necessary for Participant to access the System (“System Requirements”). Participant shall provide at its sole cost and expense such specified hardware, operating platforms or other software, as well all connections from its own computer systems to the System and the programming, procedures and communication lines necessary for internet-based or remote access to the System, and shall be solely responsible for the operation and maintenance of such hardware, software, systems and communication lines.

Provision of Information. Participant shall retain any ownership rights it may have in the Information, provided that the foregoing shall not apply to any data provided by Participant publicly available or is otherwise obtained by or available to Asembia from third parties (or data derived from either of these sources). Asembia shall not sell, transfer, provide to or otherwise disclose the Information, or any portion thereof, to any third party without the prior written consent of Participant.

Indemnity. Participant will defend, indemnify, and hold Asembia and its subsidiaries, affiliates, joint venture partners, predecessors and successors in interest, and any entity which has an ownership or controlling interest in Asembia or in which Asembia has an ownership or controlling interest, including all of the directors, officers, and employees of the foregoing (the “Indemnities”), harmless from and against any claim, action, proceeding, liability, loss, damage, cost, or expense (including, without limitation, reasonable attorneys' fees) (collectively, “Claims”), arising out of Participant's use or operation of the Products or the System or any of them, any impermissible use or disclosure of the Information by Participant or its Authorized Persons, or any breach of this Agreement by Participant or any of its Authorized Persons.

Warranty Disclaimer; Limitation of Liability. EXCEPT AS EXPRESSELY PROVIDED HEREUNDER, Asembia MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OF DATA OR SOFTWARE, LOSS OR CORRUPTION OF DATA, OR CONTINUED AVAILABILITY OR UPTIME OF THE SYSTEM OR THE PRODUCT, AND ALL SUCH WARRANTIES ARE HEREBY EXCLUDED. Asembia SHALL TAKE COMMERCIALLY REASONABLE STEPS TO SCREEN PRODUCTS AND THE SYSTEM FOR INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE MANIFESTING CONTAMINATION OR DESTRUCTIVE PROPERTIES; HOWEVER, Asembia CANNOT GUARANTEE THAT THE SYSTEM OR ANY PRODUCT WILL BE FREE OF INFECTION AND, SO LONG AS Asembia IS TAKING REASONABLE STEPS, SHALL NOT BE DEEMED TO BE IN BREACH OF ANY WARRANT SET FORTH HEREIN. UNDER NO CIRCUMSTANCES WILL Asembia BE LIABLE TO CUSTOMER FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY NATURE OR KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION OR LOSS OF PROGRAMS OR INFORMATION) EVEN IF Asembia HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR KNEW OF OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES, AND NOTWITHSTANDING THE FORM (E.G., CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT AGAINST IT.

CONFIDENTIALITY

Non-Clinical Asembia Information. Participant shall permit access to proprietary and confidential non-clinical (e.g., business and financial) information of Asembia or any other vendor under contract with Asembia only by Authorized Persons under a duty of confidentiality to Participant who need such access as part of their duties on behalf of Participant. Participant shall cause its Authorized Persons to hold such information in strict confidence. Participant shall not, and shall cause its Authorized Persons to not, at any time during or following the termination of this Agreement, for any reason, directly or indirectly, disclose, publish or use (except as specifically contemplated by this Agreement) any such confidential and proprietary information that has been obtained by or disclosed to them under this Agreement, unless such disclosure, publication or use is not otherwise prohibited by this Agreement and: (a) the information is or becomes, through no act or failure to act of Participant, a part of the public domain; (b) Asembia has consented in writing to such use or divulgence of the information; (c) the information is available from third party sources who are authorized to release the information; or (d) such disclosure is required by applicable law, regulations or court order. The granting of the license to access and use the Products and the System is expressly conditioned on Participant’s compliance with this section.

Right to Provide Personal Information to Asembia. The parties acknowledge that Information may include personal information regarding Participant’s employees, representatives, agents and patients, and that Asembia, its affiliates and third party service providers will have access to such information for purposes of operating the System and providing to Participant and its Authorized Persons the services contemplated in this Agreement. By providing such personal information to Asembia, Participant represents and warrants that has all rights and authority necessary to provide such personal information to Asembia for use as contemplated in this Agreement, and that Participant’s provision of such personal information is in accord with applicable laws and contractual requirements of Participant relating to the collection, use and transfer of personal information, and consent to Asembia’s, its affiliates’ and third party service providers’ use of such personal information as contemplated herein. Asembia will retain your personal information for at least six (6) years from the date the information was provided, or the date when it last was in effect, whichever is later. To the extent that other laws require the records to be retained for a longer period, Asembia will retain the records for the longer time frame.

Discovery Requests. Within three (3) days of receiving a request for discovery of Information maintained in the System, including, without limitation, document requests, subpoenas, notices of deposition and orders to produce documents, information or individuals, Asembia will notify Participant that it has received such a request and will describe in the notice the nature and scope of the request and take such other steps as may be requested by Participant, including cooperating with Participant, at Participant’s sole cost, in an effort to obtain a protective order to prevent or limit such disclosure.

SYSTEM ACCESS TERMS

Acknowledgements.

Participant acknowledges and agrees as follows:

(a) The System and the Products are the valuable and proprietary intellectual property of Asembia, its affiliates and its licensors. The System and the Products are protected by U.S. and international copyright law and conventions. Participant agrees to maintain all copyright, trademark and other notices contained in the Products and the System and not to use Asembia’s name or any excerpts from the Products.

(b) The information contained in the Products has been obtained from sources believed to be reliable. Asembia disclaims all warranties as to the accuracy, completeness or adequacy of such information. Participant assumes sole responsibility for the selection of the Products to achieve its intended results. The opinions expressed in the Products are subject to change without notice. The Products are intended to offer Participant with general health information for educational purposes only. The health information included in the Products is not intended to be professional advice and is not intended to replace personal consultation with a qualified physician, pharmacist or other healthcare professional. It is acknowledged that Participant must always seek the advice of a medical professional for questions related to a patient’s medical condition, symptoms and appropriate therapy/treatment. Medical advice should never be delayed due to any information in the Products. Authorized Persons’ reliance upon information and content obtained by the Products or other use of the System is solely at Participant’s own risk. The absence of a warning for a given drug or drug combination in no way should be construed to indicate that the drug or drug combination is safe, effective or appropriate for any given patient. Asembia does not assume any responsibility for any aspect of healthcare administered or not administered with the aid of information in the Products. The Products and the System may contain links to other Web sites, which are provided as resources for the convenience of Authorized Persons. Asembia is not responsible for maintaining these sites or from any damage which may occur from accessing these sites.

(c) Participant shall have the right to use the Products and the System solely for its own internal informational purposes. Reproduction of the Products in any form or by any means is forbidden without Asembia’s written permission, including but not limited to:

  • information storage and retrieval systems;
  • recordings and re-transmittals over any network (including any local area network);
  • use in any timesharing, service bureau, bulletin board or similar arrangement or public display;
  • posting any Product to any other online service (including bulletin boards or the Internet); or
  • sublicensing, leasing, selling, offering for sale or assigning the Product.

Access by Authorized Persons- Authorized Persons may access, use and disclose data maintained within the System only for purposes for which Participant would be permitted to access, use and disclose such data under this Agreement. In no event will Participant or any Authorized Persons use the System to access protected health information (as that term is defined in HIPAA) for any purpose other than those purposes for which use of such protected health information by Participant or such Authorized Persons, and disclosure of such protected health information to Participant or Authorized Persons, is permitted by HIPAA and other applicable laws. Participant will immediately notify Asembia of any violation by Participant or Authorized Persons of the requirements of this Agreement relating to System access and will cooperate with Asembia to mitigate any harm caused by such violation.

Business Associate Agreements- With respect to Authorized Persons that obtain access to the System under the Agreement and that are Participant's business associates (as that term is defined in HIPAA) Participant shall execute and enforce all required business associate agreements in compliance with HIPAA.

Compliance with Laws and Regulations- Each of the parties represents and warrants to the other to the best of its knowledge that it has complied, and each hereby agrees to make all efforts to continue to comply and to cooperate with the other in its effort to comply, in all material respects, with all applicable laws and regulations in connection with the fulfillment of its obligations under this Agreement. Each party represents, warrants and agrees that it has implemented, and will at all times during the term of this Agreement maintain, a compliance plan consistent with (a) the laws and regulations applicable to this Agreement, including without limitation the provisions of HIPAA and other federal and state laws dealing with the privacy and security of health information, and (b) to the extent applicable, the guidelines for compliance plans issued by the Office of Inspector General of the United States Department of Health and Human Service.

Relationship- Participant agrees that Asembia will be Participant’s agent for the purposes of performing Asembia’s obligations under this Agreement. Notwithstanding anything to the contrary in this Agreement, (a) Asembia will not be considered to be Participant’s agent for other than those purposes unless Participant has agreed to such agency in a separate agreement; (b) nothing in this Agreement will be construed to create a joint venture or partnership between the parties; (c) in no event will any individual be considered a joint employee of Participant and Asembia due to the agency relationship described in this section; and (d) individuals engaged by a party to this Agreement will be considered the employee, agent, servant or representative of that party only.

Force Majeure- Asembia shall not be required to provide access to the System to the extent such access becomes impracticable as a result of, and Asembia shall not bear any responsibility or liability for any damages arising out of any delay in or interruption of access to the System due to, any acts or omissions of the other party hereto or for events beyond its reasonable control including, without limitation, acts of God, acts of governmental authorities, acts of the public enemy or due to war, riot, flood, civil commotion, insurrection, labor difficulty, severe or adverse weather conditions, lack of or shortage of electrical power, malfunctions of equipment or software programs, or any other cause beyond the reasonable control of Asembia. Asembia shall use commercially reasonable efforts to resume its provision of access to the System so suspended with the least possible delay as soon as reasonably practicable and according to the circumstances.

Spyware- Asembia does not incorporate any spyware or other technology into the company’s web portal that in any way could gather information about a person or organization without their knowledge and which may send such information to another entity without the consumer’s consent, or asserts control over a computer without the consumer’s knowledge or software that inconspicuously requests the user’s approval to collect such information and does not provide an easy way for the user to opt-out.

Editorial Policy

  • Asembia has established an Editorial Policy that governs all web-based health information content.
  • Asembia utilizes only nationally recognized sources of information to develop this content.
  • Asembia maintains its health education content to ensure that the information is ethical, accurate and current.
  • All content is reviewed and approved by authorized representatives of Asembia prior to making this information available.
  • Asembia does not knowingly post or publish health content, including advertising or sponsored health content, which either contains false or misleading claims or promotes ineffective or dangerous products.
  • Users have the right to request more information, make comments, or submit complaints pertaining to the health education information that we make available (Click Here). Asembia will acknowledge each request and respond within 24 business hours.

Editorial Team

Arpan Patel, R.Ph. – Senior Vice President of Clinical Operations
Shivani Patel, R.Ph. - Sr. Director of Clinical Operations
Maryam Farahmand, R.Ph. - Clinical Director

Privacy Policy

You must have a username and password to access information within this site. Asembia does not collect personally identifiable information from visitors to this site, unless specifically provided by the visitor or the visitor's browser. Asembia may use IP addresses to analyze trends, administer the site, track user movement, and gather broad demographic information for aggregate use. Asembia reserves the right to change its policy regarding cookies and the collection of information from visitors at any time without advance notice. Should any new policy go into effect, Asembia will post it on this site and the new policy will apply only to information collected thereafter.

What Information Collected About You Is Used

We may use information we collect about you to:

  • Administer your account
  • Statistically analyze user behavior and activity
  • Authenticate you as a valid user
  • Provide website usage information to your company

Updating/Removing Your Personal Information

If you do not want your Personal Information used by Asembia or you would like to update any Personal Information you have provided to us, you may contact us by using the contact information listed below. Upon your request, we will disable your account. You should be aware that it is not technologically possible to remove each and every record of the information you have provided to Asembia due to its HIPAA and Security record retention policies.

Contact Asembia LLC

Please send us an e-mail using the Contact Us link at the top of every page of our site if you have any questions about this Privacy Policy or the Personal Information we maintain about you.

You can also contact Asembia’s Privacy Officer at:

Asembia LLC
Attn: Privacy Officer
100 Campus Drive
Suite 300
Florham Park, New Jersey 07932
Phone: 866-766-4002

Conflict of Interest Policy

  • Asembia has a strict policy ensuring no conflicts of interest in health education content are available on its web site.
  • Asembia’s internal policies require that staff authorized to develop health education information have no relationships with any entity that might be viewed as a potential conflict of interest.
  • Independent reviewers of health education information are required to fully disclose relationships of any kind that might be viewed as a conflict of interest and sign an agreement that all reviews of health education information will be unbiased. Such relationships will be disclosed in the bio and credentials of the independent reviewer, if any.

Health Professional Qualification Verification

  • Certifications/Licensures held by health professional staff is verified upon hire and regularly thereafter.
  • Licensure status is verified online via state board websites, or any website relevant to the licensure/certification presented. If an organization is unable to secure a copy of a website primary source verification, then documentation of the verification is done by identifying the person conducting the verification, name the primary source (the name/title of the website/written primary source documentation that was observed or name and title of who was spoken to for a verbal verification), the date of the verification, the date the license/certification expires, and if there are any restrictions on the license/certification.
  • Health professional licenses must clearly state type of license, issuing state (when applicable) and expiration date.
  • Changes in health professional licensure and/or certification status are reported to the appropriate Asembia personnel no more than five (5) business days from the change in status.