Last updated: December 16, 2020
AGREEMENT TO TERMS
THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
MINORS AND USE OF SITE BY PARENTS OR LEGAL GUARDIANS
NOT MEDICAL ADVICE
The contents of the site are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of the site.
We do not recommend or endorse any specific prescription drug or pharmacy that may be mentioned on the Site. Reliance on any information provided by RxNXT is solely at your own risk.
INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
Once available, to use our App, you must have a mobile device that is compatible with the App. We do not warrant that the App will be compatible with your mobile device. We grant to you a non-exclusive, non-transferable, revocable license to use the App for registered accounts owned solely by you, for your personal and non-commercial use.
You may not: (a) attempt to derive the source code of, modify, disassemble, decompile or reverse engineer the App; (b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third-party; (c) make any copies of the App; (d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (e) delete the copyright and other proprietary rights or notices on the App.
By creating an account, you agree to: (a) provide accurate and current information; and (b) maintain and promptly update such information to keep it accurate and current. If you provide any information that is false, inaccurate, incomplete or deceptive, as determined in our sole discretion, we may suspend or terminate any account you establish, decline to provide you with the Site, and/or refuse any or all current or future use of the Site or any portion thereof. If you create an Account, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your mobile device. You agree that you are responsible for all activities that occur under your Account or password, even if not authorized by you. You must notify us immediately of any breach of security or unauthorized use of your Account.
You agree that we may deactivate any Account for any lawful purpose, including to address any security or legal concerns relating to or arising from your use of the Site.
As part of the Site, we provide certain drug pricing information, which may include pricing connected to your use of a discount card or coupons that may be printed from the Site, or electronically presented at a pharmacy (the “Card”). The Card is administered by third parties.
DISCOUNT ONLY – NOT INSURANCE. The Card is NOT a health insurance benefit or policy and is not intended as a substitute for health insurance.
You can use your Card to buy certain prescription drugs. Depending on the terms of your health plan, the cost of a drug purchased using the Card may not apply towards your plan’s deductible or cost sharing limits, or result in lower out of pocket costs to you over the long term. This Card may not be used in conjunction with federal or state-funded health benefit plans.
The Card allows you to obtain discounts on certain prescription drugs purchased through participating pharmacies. There is no fee to obtain or use the Card. However, you will be responsible for paying the cost of the prescription drugs as specified by the participating pharmacy. You are required to pay for the cost of all prescription drugs at the time of purchase. Prices may not include sales or other taxes.
To obtain discounts, you will need to present your Card before you pay for any prescription. The drug prices presented to you on the Site will vary depending on the prescription drug, the participating pharmacy chosen, your selected geographical location, and any other search requirements you provide.
We do not guarantee the quality of the services or products offered by any participating pharmacy. Our Site and Services are provided to you as a tool to evaluate an estimated price at the time of a pricing search for a particular prescription drug and does not constitute advice on how to manage your overall prescription drug costs.
The Card is a voluntary program, and you are free to fill your prescription at any pharmacy, regardless of whether you decide to use the Card.
We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Use the Site to advertise or offer to sell goods and services.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Engage in unauthorized framing of or linking to the Site.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Attempt to impersonate another user or person or use the username of another user.
- Sell or otherwise transfer your profile.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
THIRD-PARTY WEBSITES AND CONTENT
Although this Site may be accessed by any user worldwide, the Site and services are intended only for use by United States residents, are presented solely as a service to visitors and subscribers located in the United States of America (“U.S.”) and its territories, and therefore may not comply with legal requirements of foreign countries. Users residing outside of the U.S. and its territories who access and use this Site do so at their own risk and are responsible for complying with any of their foreign country’s laws.
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, we are not obligated to provide any maintenance, technical or other support for the Site..
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND OR ITS SUPPLIERS OR VENDORS, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at https://www.adr.org/node/158), as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief, or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
With the exception of any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this Dispute Resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply. If a court decides that any aspect of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this Dispute Resolution provision shall be null and void. The remainder of the Agreement will continue to apply and be unaffected by this severability provision.
WE PROVIDE ACCESS TO THIS SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USE OF THIS SITE, SITE-RELATED SERVICES OR INFORMATION, AND HYPERLINKED SITES. SERVICES AND INFORMATION PROVIDED BY HYPERLINKED SITES OR THIRD PARTIES MAY BE SUBJECT TO THE ADDITIONAL TERMS AND CONDITIONS OF THOSE PROVIDERS. WE MAKE NO WARRANTY THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR SERVICE OR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED THROUGH THE SITE OR THROUGH HYPERLINKED SITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING . CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
When you send emails or other electronic messages to us or in connection with the Service, you are communicating with us electronically and consent to our review and analysis of such messages and to receive return communications, if any, from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
TELEPHONE, TEXT, FAX AND EMAIL POLICY
By providing your residential or wireless phone and fax number(s) and/or email address to us, you expressly consent to receive marketing and non-marketing autodialed and/or prerecorded calls, text messages and faxes (including fax advertisements) from or on behalf of Company at the number(s) and address provided. Your consent to receive calls or texts on your wireless device is not a condition of any purchase. Consent may be revoked at any time by sending an opt-out request via email to email@example.com with the phone number you wish to opt-out. Your wireless carrier’s standard message and data rates may apply. You acknowledge that texting and email are not secure methods of communication and that there may be some risk that the information in the communication(s) could be read by an unauthorized third party.
COPYRIGHT INFRINGEMENT CLAIMS: NOTICE AND TAKE-DOWN PROCEDURES
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Service infringe your rights under U.S. copyright law, you (or your agent) may send to Company a written notice by mail, e-mail, or fax, requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company a counter-notice. Notices and counter-notices must be sent in writing and meet the then-current statutory requirements imposed by the DMCA (see www.copyright.gov for details), which, with respect to notices of infringement, currently include, among other requirements, the following:
Sufficient information identifying the copyrighted work(s) believed to be infringed.
Sufficient information identifying the allegedly infringing material(s) and the location of such material(s) in order to permit Company to locate such material(s).
A statement from the owner (or the owner’s authorized representative) of the copyrighted work(s) believed to be infringed that such owner or authorized representative has a good faith belief that the allegedly infringing materials are used in a manner not authorized by the copyright owner, its agent, or the law.
Contact information for the complaining party, including a mailing address, a telephone number, and, if available, an email address.
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the owner (or the owner’s authorized representative) of the copyrighted work(s) believed to be infringed.
Notices and counter-notices must be sent in writing to Company’s DMCA agent as follows:
DMCA Agent, Legal Department
68 N. High Street
Building B, Suite 201
New Albany, OH 43054
NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are entitled to additional specific consumer rights information. To file a complaint regarding the Site or to receive further information regarding use of the Website, please contact us as provided in the “Contact Us” section below. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
68 N. High St
Building B, Suite 201
New Albany, OH 43054