Terms And Conditions

1. Introduction

Welcome to NestRx (“we,” “us,” “our”). These Terms & Conditions (“Terms”) govern your access to and use of our website https://www.nestrx.health/ (“Website”) and any services we provide (collectively, the “Services”). By using the Website or the Services, you agree to these Terms. If you do not agree to these Terms, please do not use the Website or the Services.

2. Services

We provide pharmacy‐services to long‑term and post‑acute care patients residing at home or care facilities, including medication management, customized packaging, clinical consulting, regulatory compliance support, cost optimization, and related services as described on our Website. You acknowledge and agree that we may modify or discontinue any portion of the Services at our sole discretion and without prior notice.

3. Use of Website

  • You warrant that you are at least 18 years old (or the age of majority in your jurisdiction) and have full power to enter into these Terms.

  • You agree to use the Website and the Services only in compliance with all applicable laws, regulations and professional standards (including pharmacy, healthcare, HIPAA or other patient‑privacy obligations, as applicable).

  • You agree not to:

    • misuse the Website (for example, by interfering with its normal operation or attempting to access it using a method other than through the interface provided);

    • upload or transmit any material that violates any person’s rights or is unlawful, harmful, threatening, defamatory, obscene or otherwise objectionable;

    • attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website.

  • We reserve the right to suspend or terminate your access to the Website or Services at any time, without prior notice, for any reason (including breach of these Terms).

 

4. Intellectual Property

All content on the Website (including text, graphics, logos, images, software, audio, video, design, compilation) is NestRx property or the property of our licensors and is protected by copyright, trademark and other applicable laws. You may not modify, reproduce, publish, transmit, distribute, display or commercially exploit any such content without our prior written permission.

5. Professional Disclaimer

The Services offered by NestRx are tailored to healthcare facilities and post-acute care patients/residents and are provided in accordance with applicable healthcare and pharmacy standards. However:

  • The Website content is provided for general informational purposes only and does not constitute medical advice, pharmacy advice, diagnosis or treatment.

  • You should consult with qualified professionals for any healthcare, medical or pharmacy‐related decisions.

  • NestRx expressly disclaims any liability for the accuracy, completeness or usefulness of information provided on or through the Website, or for any decision made or action taken in reliance on such information.

6. Limitation of Liability

To the maximum extent permitted by law, in no event shall NestRx (or its affiliates, officers, directors, employees or agents) be liable for any indirect, incidental, special, punitive, consequential or exemplary damages (including loss of profits, goodwill, use, data or other intangible losses) arising out of or in connection with your access to, use of or inability to use the Website or Services—even if we have been advised of the possibility of such damages. Our total aggregate liability for all claims arising out of or in connection with these Terms or your use of the Website or Services shall not exceed the greater of (i) the amount you paid us for the Services in question or (ii) $1000.

7. Indemnification

You agree to indemnify, defend and hold harmless NestRx and its affiliates, officers, directors, employees and agents from and against any claims, liabilities, damages, losses, costs or expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (i) your breach of these Terms, (ii) your violation of any law or regulation, (iii) your use of the Website or Services in a manner not permitted by these Terms.

 

8. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California (unless otherwise required by applicable law) without regard to its conflict of laws provisions. Any dispute arising out of or relating to these Terms or your use of the Website or Services shall be resolved through binding arbitration in Orange County, California (or another agreed location) under the rules of the American Arbitration Association (or another mutually agreed provider). You waive any right to bring class actions or to participate in a class‐wide arbitration.

9. Changes to Terms

We may revise these Terms from time to time. When we do, we will post the updated Terms on the Website and update the “Last updated” date at the top of these Terms. Your continued use of the Website or Services after such changes constitutes your acceptance of the revised Terms.

10. Miscellaneous

  • If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the remainder shall remain in full force and effect.

  • Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

  • These Terms, together with any additional terms, policies or agreements posted by us on the Website, constitute the entire agreement between you and NestRx concerning the Website and Services and supersede all prior or contemporaneous communications and proposals (whether electronic, oral or written).

Refund Policy

NestRx services are specialized pharmacy and consulting services tailored to healthcare facilities and patient, refunds are generally not available once a contractual service engagement has commenced. However, we offer the following terms:

Payment Terms & Contracting

    • Before the commencement of services, we will agree on a contract or service agreement specifying the scope of services, fees, billing terms and any milestone or cancellation provisions.

    • Payments made may include setup fees, monthly service fees, delivery or packaging fees, etc.

  1. Cancellation or Termination

    • You may request to terminate the engagement by providing written notice as specified in your service agreement.

    • If notice is given prior to commencement of services (or within any initial cancellation period specified in the contract), we may, in our discretion, refund setup fees or advance payments less any expenses incurred.

    • Once services have commenced (including any initial setup, medication delivery or consulting work), fees are non‑refundable.

  2. Service Failures or Non‑performance

    • If we materially fail to provide the services as specified in the contract (and you provide written notice of the failure, and we fail to remedy it within a reasonable period), then you may be entitled to a pro‑rated refund (or credit) reflecting the portion of services not yet performed.

    • Any such refund or credit shall be the sole and exclusive remedy for such failure and shall not exceed the fees paid for the affected period.

  3. How to Request a Refund

    • You must submit your request in writing (email is acceptable) to our contact provided in your contract or to orders@nestrx.health, stating full details of your reason for refund consideration.

    • We will review your request, coordinate any internal investigation and respond within thirty (30) days with our decision.

  4. Modifications

    • This Refund Policy is subject to modification from time to time. The version posted on the Website at the time you engage services will apply.

Privacy Statement

1. Introduction

NestRx values your privacy and is committed to protecting the personal information we collect. This Privacy Statement (the “Privacy Policy”) explains how we collect, use, disclose and protect your personal information through your interaction with our Website and Services. By using the Website or engaging the Services, you consent to the practices described herein.

2. Information We Collect

We may collect the following types of personal information:

  • Contact information: name, facility name, address, email address, telephone number, fax number.

  • Health and pharmacy‐related information: when applicable (for example: patient medication profiles, facility patient census, therapeutic regimens), subject to applicable privacy laws (including HIPAA).

  • Usage information: details about how you use the Website (browser type, IP address, pages visited, access times, referring URL).

  • Cookies and tracking technologies: We use cookies, web beacons and similar technologies to collect information about your browsing behavior and to improve our Website’s performance and user experience.

3. How We Use Your Information

We use the information we collect for the following purposes:

  • To provide, operate and maintain our Website and Services.

  • To process service agreements, billing and other administrative matters.

  • To respond to your inquiries, requests or support issues.

  • To enforce our Terms, prevent fraud or abuse, and protect our legal rights.

  • To monitor and analyze usage and trends to improve our Website, Services and business.

  • To comply with legal, regulatory or professional obligations (including pharmacy or healthcare regulations).

4. Disclosure of Your Information

We may disclose your personal information as follows:

  • To employees, agents, contractors or service providers who assist us in providing the Website or Services (on a “need to know” basis, and subject to confidentiality obligations).

  • To third parties as required by law, regulation or court order (including disclosures required for compliance with healthcare, pharmacy, or patient‐privacy laws).

  • To protect the rights, property or safety of NestRx, its clients, patients, or the public.

  • With your consent, or otherwise in accordance with your instructions.

5. Data Security

We take reasonable administrative, technical and physical measures designed to protect your personal information from unauthorized access, disclosure, alteration or destruction.

6. Data Retention

We will retain your personal information for as long as reasonably necessary to fulfill the purposes set out in this Privacy Policy, comply with our legal obligations, resolve disputes and enforce our agreements. In the context of healthcare/pharmacy services, we may retain records as required by applicable laws and regulations.

7. International Transfers

If you are accessing our website from outside the United States, please note that your information may be transferred to, stored and processed in the United States or other jurisdictions. By using the Website and providing your information, you consent to such transfers.

8. Your Rights

Depending on applicable law, you may have certain rights regarding your personal information, including:

  • Accessing and obtaining a copy of the personal information we hold about you.

  • Requesting correction of inaccurate or incomplete information.

  • Requesting deletion of your personal information (to the extent permitted by law and consistent with regulatory or contractual obligations).

  • Withdrawing consent where processing is based on consent (to the extent permitted by law).
    To exercise such rights, please contact us at the contact details below.

9. Cookies and Tracking Technologies

Our website uses cookies and similar technologies to collect information. You can set your browser to refuse all or some cookies or to alert you when cookies are being sent. However, if you disable or refuse cookies, some parts of the Website may become inaccessible or not function properly.

10. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. We will post the updated version on the Website and update the “Last updated” date. Your continued use of the Website after those changes will constitute your acceptance of the updated Privacy Policy.

11. Contact Us

If you have any questions about this Privacy Policy, or to exercise your rights, please contact us:

NestRx
3303 Harbor Boulevard, Suite C2
Costa Mesa, California 92626 USA
Phone: (949) 996‑4354
Fax: (888) 509‑0768
Email: orders@nestrx.health