By registering or using the Platform, your pharmacy ("you" or "Pharmacy") agrees to these terms in full.
1. Regulatory Compliance
By using MedXchange P2P, the Pharmacy agrees to comply with all applicable laws and regulations, including but not limited to:
The Drug Supply Chain Security Act (DSCSA) and all FDA guidance issued thereunder
All applicable state Board of Pharmacy rules and regulations in every state where transactions occur
DEA requirements related to controlled and non-controlled substance handling and recordkeeping
All applicable federal and state laws governing the purchase, sale, and transfer of pharmaceutical products
Eligibility: Only licensed pharmacies in good standing with their state Board of Pharmacy may register and transact on this Platform. The Pharmacy is responsible for maintaining an active license throughout the term of this Agreement.
2. Pharmacy Responsibility
The Pharmacy is solely responsible for all aspects of the products it lists, sells, or purchases, including:
Product authenticity — ensuring all listed items are genuine, properly sourced, and not counterfeit
Proper storage, handling, and chain of custody at all times prior to and during shipment
Accurate and complete product documentation, including NDC, lot number, expiration date, and serial number
Maintaining all required transaction records (Transaction Information, Transaction History, and Transaction Statement) as required by DSCSA
Verifying that counterparties are licensed pharmacies before completing any transaction
Reporting any suspected counterfeiting, diversion, or suspicious activity to the FDA and relevant authorities
3. Nature of Platform / No Reliance
The Pharmacy acknowledges and agrees that:
MedXchange P2P is a technology marketplace platform only — it is not a pharmaceutical wholesaler, distributor, or broker
The Company does not take title to, possess, handle, or physically distribute any pharmaceutical products
The Company does not verify, inspect, or guarantee the quality, safety, efficacy, authenticity, or regulatory compliance of any listed products
The Platform does not constitute regulatory, legal, or compliance advice
All transactions are made directly between licensed pharmacy entities at their own risk
The Pharmacy assumes all risk associated with products purchased or sold through the Platform.
4. Indemnification
The Pharmacy agrees to indemnify, defend, and hold harmless MedXchange P2P, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:
Any violation of applicable federal or state pharmaceutical laws or regulations
Any product defects, contamination, counterfeiting, or quality issues related to listed or sold products
Any transaction disputes between the Pharmacy and another platform user
The Pharmacy's breach of this Agreement
Any misrepresentation of license status, product information, or identity
Any claim by a third party arising from a transaction facilitated through the Platform
5. Limitation of Liability
To the maximum extent permitted by applicable law:
The Company shall not be liable for any indirect, incidental, consequential, special, or punitive damages
The Company's total cumulative liability to the Pharmacy shall not exceed the total fees paid by the Pharmacy to the Platform in the 3 months preceding the claim
The Company is not responsible for losses arising from platform downtime, data loss, or third-party service failures
The Company does not warrant uninterrupted, error-free, or secure access to the Platform
6. Account Suspension & Termination
The Company reserves the right to suspend or permanently terminate a Pharmacy's account, with or without notice, for:
Violation of any provision of this Agreement
Lapse, suspension, or revocation of a pharmacy license or DEA registration
Fraudulent, deceptive, or illegal activity on the Platform
Repeated disputes, chargebacks, or unresolved complaints from other users
Any activity that poses a risk to public health, safety, or Platform integrity
Upon termination, the Pharmacy remains bound by all obligations under this Agreement that by their nature should survive termination, including indemnification, limitation of liability, and compliance obligations.
7. Dispute Resolution & Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Mississippi, without regard to conflict of law principles
Any disputes arising under this Agreement shall first be attempted to be resolved through good-faith negotiation
If negotiation fails, disputes shall be submitted to binding arbitration under the American Arbitration Association (AAA) rules
The Pharmacy waives any right to participate in a class action lawsuit against the Company
8. Modifications to This Agreement
The Company reserves the right to update this Agreement at any time. Material changes will be communicated via email or in-app notification at least 14 days before taking effect. Continued use of the Platform after the effective date constitutes acceptance of the revised Agreement. If the Pharmacy does not agree to the changes, it must discontinue use of the Platform and contact us to close its account.
9. Acceptance of Agreement
By registering for an account, accessing the Platform, or completing any transaction on MedXchange P2P, the Pharmacy acknowledges that it has read, understood, and agrees to be bound by this Pharmacy User Agreement in its entirety. This Agreement constitutes the entire agreement between the Pharmacy and MedXchange P2P with respect to the subject matter herein and supersedes all prior agreements, representations, and understandings of the parties.
Questions About This Agreement
For questions regarding this Agreement, please contact: