RX SAVINGS, LLC d/b/a Rx SAVINGS SOLUTIONS TERMS AND CONDITIONS OF USE
Your use of the website, content, any and all services and additional components (i.e. mobile applications, text messages, etc.) (collectively, the “Service”) made available by Rx Savings, LLC, d/b/a Rx Savings Solutions, a Kansas limited liability company, and its respective divisions, subsidiaries and affiliates (collectively, “Rx Savings”, “we”, “us”, or “our”) is subject to the terms of a legal contract between you and Rx Savings. These Terms and Conditions of Use (“Terms”) explain how the legal contract between you and Rx Savings is made and sets out the terms of that contract.
1. Agreement to Terms. You may not use the Service if you do not accept these Terms. By clicking to accept or agree to the Terms or by using the Service, you agree to comply with the Terms and all applicable laws and regulations in connection with your use of the Service. If you do not want to be bound by these Terms, please do not use the Service. Because the Terms are a legally binding contract, you should carefully read them before accessing or using the Service.
3. Voice Assistant Devices. You understand and agree that use of the Service in connection with a voice assistant device is an unsecure method for transmitting protected health information (“PHI”). Rx Savings’ application is fully HIPAA compliant but voice assistant devices are NOT COMPLIANT with the HIPAA Rules. The voice assistant device will collect and store both your spoken utterance and the skill’s response in an unsecure manner, as defined under 45 C.F.R. § 164.402. By using the Service in connection with a voice assistant device,you acknowledge and consent to the right to have your PHI communicated and stored by a third-party in an unsecure manner. Pursuant to HIPAA Privacy Rules, Rx Savings will not be liable for any unauthorized disclosure that may occur while using the Service in connection with a voice assistant device.
4. Modification of Terms. Rx Savings shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Service. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including, but not limited to, posting the revised or additional terms and conditions at www.rxsavingssolutions.com or providing notice through the Service. You should check www.rxsavingssolutions.com periodically for any modification to these Terms. By using the Service after we post changes to these Terms, you agree to accept those changes, whether or not you actually reviewed them. No modification to these Terms by any party other than Rx Savings shall be enforceable against Rx Savings unless expressly agreed to by Rx Savings in writing.
5. Prescriber Approval. You shall not make any changes in any prescriptions or medications, or make any changes relating to your health pursuant to the Service without first receiving a licensed prescriber’s approval.
6. Information Only. You hereby acknowledge and agree that the Service provided is cost savings information only and should only be carried out with the approval of a licensed prescriber (i.e., a physician, nurse practitioner or other prescriber of medication). The Service does not constitute medical advice or pharmacy advice, and the Service does not constitute medical or pharmacy services, in any form for any reason. You acknowledge and agree that the cost savings information provided pursuant to the Service is for cost savings purposes only, and the medications or prescriptions that may be recommended are not recommendations for the most effective prescription for a certain illness, ailment or medical condition and may not be the most effective medication or prescription for your health condition or care. We do not evaluate your prescription medication profile to check for any drug interactions or potential allergic reactions and it is your responsibility for discussing all medications that you are taking with a licensed prescriber and to check for any potential adverse side effects, complications or allergic reactions. Therefore, you understand and agree that you must acquire a licensed prescriber’s approval before making any changes in or to the dose, quantity or type of prescription medication(s) that you may use based upon our recommendations or use by you of the Service.
Furthermore, you understand and agree that Rx Savings does not endorse any specific prescription medication, pharmacy or medical services or treatments and all information provided through the Service is based off of cost savings information only.
7. Your Sole Use. The Service provided by Rx Savings to you under the Terms is for your sole use. The Service, including the prescription profile and cost savings report, is individualized and is not for use by any third party; provided, however, any information provided to you regarding your dependents may be shared with such dependent. Except as otherwise provided in these Terms, you shall not provide any third party, for any reason, the information transmitted from Rx Savings to you pursuant to the Service, in whatever form including oral, written or electronic (the “Service Information”), except to any licensed medical provider and/or pharmacy for the approval of any change in medication or prescription. Youshall not divulge any Service Information in breach of the Terms. You shall not use for your own benefit (excluding for the purpose of the Services to provide a prescription cost savings benefit for you and your dependents) publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Rx Savings, any Service Information.
8. Third Party Information. If you submit any information to us through the Services, including any medical or other personal information, of a third party, then you represent and warrant that you (a) are authorized to submit such information to us; and b) you are authorized to receive Service Information, and any other information, from us regarding such third party. Any Service Information that you may obtain from us regarding a third party shall be for your and such third party's sole use in accordance with these Terms and may not be shared with any other third party for any reason except for any exceptions discussed in these Terms.
9. Transfer of Personal Information within the U.S. Only. Rx Savings has its headquarters in the United States. Any information collected from you will be processed in the United States only. The United States government has not sought nor received a finding of “adequacy” from the European Union under Article 45 of the General Data Protection Regulation (“GDPR”). In short, a finding of “adequacy” means that the European Commission has the power to determine whether a non-European Union country offers an adequate level of data protection. In the absence of an “adequacy” decision and no GDPR safeguards in place (e.g. binding corporate rules on the transfer of personal data outside the European Union), Rx Savings shall rely on derogations as set forth in Article 49 of GDPR where applicable and the PHI safeguards currently required under the HIPAA Security Rule. Examples of derogations Rx Savings would rely on are that we control or process personal data: within the United States only with the user’s explicit consent; to perform a contract; or in a manner that does not outweigh the individual’s rights and freedoms. Rx Savings applies suitable and applicable safeguards to protect the privacy and security of your personal data by the use of data protection measures consistent with HIPAA, Health Information Technology for Economic and Clinical Health (“HITECH”) and the NIST Cybersecurity Framework. If at any time you wish to confirm that Rx Savings is only processing personal data within the United States, please contact our Privacy Officer.
10. Discontinued Operation of Service; Termination of Access. Rx Savings retains the right, without notice and at any time, to modify, suspend or discontinue the availability of all or any part of the Service or to discontinue any products or services offered through the Service. Rx Savings is not liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Rx Savings may disable your ability to access your account or may terminate your right to access or use the Service or any portion thereof, without notice, at any time, and for any reason, including reasons such as conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, Rx Savings or its contractors, vendors, and content providers (collectively, “Providers”).
Your right to use the Service terminates automatically if you fail to comply with these Terms. No notice is required from us to effect such termination. Additionally, we may terminate these Terms at any time and for any reason and may give you notice of such termination by any means, such as e-mail, alert messages posted through the Service, posting notice on www.rxsavingssolutions.com or otherwise generally publishing such termination. Upon termination, you must stop using the Service. Rights and obligations under these Terms which by their nature should survive will survive and remain in effect after any termination or expiration of the Terms.
11. Content. The website and services comprising the Service, each of their respective components, all content provided by or through the Service, together with the user interface, the compilation and arrangement of the websites, mobile applications, text messaging services, and the text, photographs, audio and video, graphics, logos, illustrations, descriptions, data, and other material available on or through the website, mobile applications, and text messaging services provided as a part of the Service are referred to collectively as the "Content." Rx Savings may change, delete, or update any Content at any time and without prior notice.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Rx Savings or its Providers. You may view and use the Content only for your personal use, and for no other purpose. You may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content, or use data mining, robots, or similar data gathering and extraction tools with the Service. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Rx Savings or its Providers without our express, written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express, written consent. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in a writing signed by Rx Savings, is strictly prohibited.
Rx Savings has patented its costs savings solution software utilized as part of the Service and its Content and such software is protected under U.S. Patent No. US 8,799,018 and any infringement on such patent is strictly prohibited and in violation of law.
Upon agreeing to these Terms, you expressly agree to receive Content and communications from Rx Savings in all electronic forms, including but not limited to, by e-mail. If, at any time, you choose to no longer receive e-mails or other forms of communication from Rx Savings, then you may notify us by calling 1-800-268-4476 or submitting an email to the Rx Savings team through our website at www.rxsavingssolutions.com/contact-us.
If you agree through our service to receive Content and communications via test (SMS) messaging, then you shall receive notifications via text/SMS messaging until you opt out of such messaging per those Terms. Although Rx Savings does not charge you additionally for its text message service, standard messaging and data rates may apply. Depending on your plan with your cellular phone carrier, you may be charged for this text messaging service. Rx Savings assumes no liability or responsibility for any charges incurred by you relating to the Service or any text messages sent or received as part of the Service. If you choose to no longer receive text messages from us, you may text “STOP” to 913-210-8326.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your rights under United States or international copyright laws are being violated by any Content posted on or transmitted through the Service, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Service. In order for us to investigate your claim of infringement, you must provide us with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you believe has been infringed;
A description of where the material that you claim is infringing is located or identified on the Service;
Your name, address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
The above information should be provided to Rx Savings’s agent for notice of claims of copyright or other intellectual property infringement, which can be reached as follows:
By mail: Rx Savings, LLC, 11225 College Boulevard, Suite 400, Overland Park, KS 66210.
12. Your Submissions. You may not post on or transmit through the Service any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable Content of any kind, including, but not limited to, any Content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. If we are notified that you have submitted such Content, then we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Service and/or terminate your use of the Service. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Service or our business; or (iii) to protect the rights or property of Rx Savings, its Providers, you or other users of the Service.
You may upload to or otherwise submit to the Service only such Content (a) that is not subject to any copyright or other proprietary rights restrictions; (b) with respect to which the owner or licensor has given express authorization for Rx Savings to distribute over the Internet; and (c) that does not contain any material that may damage, interfere with, intercept or expropriate any system, data or personal information. Any copyrighted or other proprietary Content uploaded or submitted to the Service with the consent of a copyright owner should contain a phrase such as “Copyright, owned by [name of owner]; used by permission”. The unauthorized submission of copyrighted or other proprietary Content is illegal and could subject you to civil and criminal liability. You will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of any material prohibited by these Terms.
Except as otherwise provided in these Terms, Rx Savings and its Providers are free to use any ideas, concepts, know-how, or techniques contained in any communication you submit through the Service for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication; provided, however, in no event will Rx Savings breach any of its confidentiality or privacy agreements or covenants contained in these Terms.
13. Disclaimer and Limitation of Liability. THE SERVICE IS LICENSED “AS-IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. YOU BEAR THE RISK OF USING THE SERVICE. RX SAVINGS AND ITS PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SERVICE, ANY CONTENT AND ALL PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICE, INCLUDING THE AVAILABILITY OF THE SERVICE, ANY PRODUCTS, OR ANY CONTENT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT. RX SAVINGS PROVIDES NO WARRANTY OR GUARANTY OF ANY KIND REGARDING THE ACCURACY OF THE PRICING INFORMATION PROVIDED TO YOU OR THE AVAILABILITY OF ANY MEDICATION. RX SAVINGS DOES NOT GUARANTY THAT ANY PRICE PROVIDED TO YOU FOR ANY MEDICATION IS THE LOWEST AVAILABLE PRICE. RX SAVINGS AND ITS PROVIDERS DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SERVICE, ANY CONTENT OR PRODUCTS WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, ANY CONTENT OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND PRODUCTS PROVIDED OR AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS”, WITH NO WARRANTY OF ANY KIND. RX SAVINGS AND ITS PROVIDERS HEREBY DISCLAIM ALL IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE, ALL CONTENT AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THE “AS IS” CONDITION OF THE SERVICE, PRODUCTS AND ALL CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SERVICE. Because some jurisdictions do not allow the disclaimer or limitation of implied warranties, the above limitations may not apply to you.
TO THE EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY WAIVE ANY AND ALL CLAIMS AGAINST RX SAVINGS FOR VIOLATION OF ANY AND ALL FEDERAL OR STATE LAW, OR ANY BREACH OF CONFIDENTIALITY OF THIS AGREEMENT, DUE TO: (1) ANY NEGLIGENCE OR WILLFUL ACT OR OMISSION BY YOU THAT RESULTS IN THE VIEWING OF ANY OF YOUR MEDICAL OR HEALTH INFORMATION BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY ACT THAT RESULTS IN YOU GIVING ANY THIRD PARTY YOUR USERNAME AND/OR PASSWORD, ANY ACT IN WHICH YOU ALLOW ANY THIRD PARTY (EXCLUDING A LICENSED PRESCRIBER FOR THE PURPOSE OF SWITCHING THE YOUR MEDICATIONS OR PRESCRIPTIONS PURSUANT TO THE SERVICES OR SERVICE INFORMATION) TO VIEW THE SERVICE INFORMATION GIVEN TO YOU BY RX SAVINGS, OR ANY VIEWING OF ANY OF YOUR INFORMATION BY A THIRD PARTY DUE TO THE FACT YOU ENGAGED A THIRD PARTY TO USE THE SERVICES ON YOUR BEHALF; OR (2) ANY CIRCUMSTANCE BEYOND RX SAVINGS’S CONTROL, INCLUDING BUT NOT LIMITED TO, THE UNLAWFUL HACKING BY A THIRD PARTY INTO THE WEBSITE.
IN NO EVENT WILL RX SAVINGS, ITS PROVIDERS, OR ANY OF ITS OR THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR DELAY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THESE TERMS, THE USE OF OR INABILITY TO USE THE SERVICE REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN WHEN RX SAVINGS OR A PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
THESE LIMITS APPLY TO ANYTHING RELATED TO THE TERMS, THE SERVICE, ANY CONTENT (INCLUDING CODE) ON THIRD PARTY WEBSITES, AND ALL CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR CONDITION, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT TO THE EXTENT PERMITTED BY APPLICABLE LAW. THESE LIMITS ALSO APPLY EVEN IF: (I) REPAIR, REPLACEMENT, OR A REFUND FOR THE SERVICE DOES NOT FULLY COMPENSATE YOU FOR ANY DAMAGES; OR (II) RX SAVINGS OR A PROVIDER KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. YOU EXPRESSLY AGREE NOT TO SEEK TO RECOVER ANY DAMAGES, INCLUDING DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, FROM RX SAVINGS OR ANY PROVIDER.
14. Indemnification. You agree to defend, indemnify, and hold harmless Rx Savings, its affiliates and Providers, and our and their respective members, managers, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including, but not limited to, reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access or use of the Service and any product or service provided to you arising out of or relating to your use of the Service. The foregoing indemnification obligation shall survive termination of these Terms and the Service.
15. Registration; Customer Accounts; Use of Service. Certain services offered on or through the Service require you to first register an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of the Service due to someone else using your password or customer account. You may not use anyone else's password or customer account. You may not attempt to gain unauthorized access to the Service, and if you attempt to do so, or assist others in making such attempts, then we may terminate your account. You agree to provide us with accurate information about yourself as prompted by the registration process, and update that information to keep it current.
You may not use any automatic device, program, or technology, or any equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. You agree that you will not take any action that imposes an unreasonable or disproportionate load on the infrastructure of the Service.
16. Miscellaneous. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Rx Savings of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severed from the Terms and will not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms. You may not assign your rights or delegate your duties under these Terms.
Rx Savings and its Providers shall not be liable for any nonperformance or delay in performance caused by any unforeseen act or event beyond their control. Each of our affiliates and each Provider is a third party beneficiary of, and will have the right to enforce, the Terms against you.
Your use of the Service will be deemed to be your consent to receive electronic communications from us, whether addressed to the e-mail address associated with your account or posted at the Service. You acknowledge and agree that any communication by e-mail or by providing information and/or checking any box within the Service satisfies any legal requirement that such communications be made in writing.
You may not ship, transfer, export into any country, or use in any manner prohibited by the United States Export Administration Act or any other applicable law (collectively the “Export Laws”), and any software that may be downloaded from the Service. In addition, if all or any part of the Service is identified as an export controlled item under the Export Laws, you represent to us that you are not a national of, resident in or otherwise located within, an embargoed nation, and that you are not otherwise prohibited under the Export Laws from visiting or using the Service.
These Terms, and any disputes of any kind between you and Rx Savings or its Providers, shall be governed by, construed and resolved in accordance with the laws of the state of Kansas, without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, the Terms, use of the Service, shall be in the state or federal courts located in Kansas. If we take any action to enforce the Terms, then we will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of litigation we incur, in addition to any other relief, at law or in equity, to which we may be entitled.
Effective Date of Terms: August 1, 2018.