The following conditions apply to the use of RxSaver.
Effective Date: Feb 11, 2021
Acceptance of Terms
RxSaver, Inc. provides a platform for digital coupons and discounts on prescription drugs in the United States of America. RxSaver’s platform includes, and is accessible via, (i) https://www.rxsaver.com (the "Site") (ii) mobile-device applications owned or operated by us that are branded as RxSaver and that link to these Terms (each, an "Application"), and (iii) discount cards branded as RxSaver (collectively, the "Services"). RxSaver’s prescription-drug discounts and coupons are referred to generally throughout these Terms as Coupons; Coupons are also part of the Services. Note: you can use RxSaver Coupons only with a valid prescription.
RxSaver may amend these Terms from time to time, by posting updates at this location or on the applicable Service. By continuing to use the Services after we post such updates, you agree to bound by the amended Terms.
These Terms include a binding ARBITRATION AGREEMENT, found here, which requires you to resolve disputes with RxSaver on an individual basis through a designated arbitration process. By using the Services, you acknowledge that you have read the ARBITRATION AGREEMENT, that you understand it, and that you agree to be bound by it to the fullest extent permitted by law.
These Terms are organized as follows:
- Eligibility and Nature of Services
- Use of the Services and Transaction Data
- Abuse and Cancellations
- Not Medical Advice and Void Where Prohibited
- License to RxSaver
- Restriction on Use
- Parental Notice
- Digital Millennium Copyright Act Policy
- Network Access, Computer Hardware, and Mobile Devices
- Text and Email Services
- Disclaimer, Release, & Limitation of Liability
- Dispute Resolution
- Damages for Violations of Restriction on Use
1. Eligibility and Nature of Services
RxSaver’s Services are available to individual customers who are residents of and are located in the United States and who are at least 18 years of age. If you do not meet these requirements, you must not use the Services or access the Site any further.
The Coupons available through the Services are offered at the sole discretion of RxSaver. RxSaver has the right, in its sole discretion, to change the Coupons made available, in whole or in part, at any time and without notice.
You may not attempt to resell make any other commercial use of the Services or the Coupons offered by RxSaver.
The Coupons, discounts, and prices displayed or accessible via the Services are based on multiple sources, including RxSaver’s relationship with various Pharmacy Benefit Managers ("PBMs"), and other pharmacy price lists. As a result, those discounts and prices may change at any time. Despite its efforts to present the most up-to-date pricing data available to it, RxSaver cannot guarantee that the discount or price accessible via the Services will precisely match the price given when you visit a participating pharmacy. RxSaver does not guarantee any Coupon.
You are required to pay for all prescriptions filled using a RxSaver Coupon at the time of purchase. RxSaver does not make any payments on your behalf, whether to a pharmacy, healthcare provider, or otherwise. RxSaver is NOT insurance and is not intended as a substitute for insurance. RxSaver discounts do not meet minimum coverage requirements under applicable state regulations.
RxSaver’s discounts can be used instead of insurance, but they cannot be used in conjunction or in combination with insurance. RxSaver cannot be combined with federal- or state-funded programs like Medicare or Medicaid. Payments made using RxSaver discounts do not count toward Medicare Part-D cost-sharing obligations. Further, those payments may not count toward any out-of-pocket insurance deductible. Please check with your program documentation or your provider before using the Services.
2. Use of the Services and Transaction Data
3. Abuse and Cancellations
RxSaver reserves the right to cancel, suspend, or modify the Services or any discount or Coupon accessible via the Services at any time in its sole discretion.
Without limiting anything in the Terms, RxSaver reserves the right, in its sole discretion, to suspend or terminate any person’s access to the Services if it finds, or reasonably suspects, that the person is using the Services, or intends to use the Services, in manner not permitted by these Terms. Any attempt by any person to deliberately undermine the legitimate operation of the Services may be in violation of criminal and civil law, and, should such an attempt be made, RxSaver reserves the right to seek damages, including liquidated damages as discussed further below, from any such person to the fullest extent permitted by law. RxSaver’s failure to enforce any individual term in these Terms shall not constitute a waiver of that provision or of any of the Terms more generally. Neither RxSaver nor any of its PBMs, licensors, or business partners shall be liable to you for any cancellation or modification any Coupon accessible via the Services or for any suspension of the Services.
4. Not Medical Advice and Void Where Prohibited
The Services, including the Site, are for informational purposes only. The contents are not professional medical advice and are not intended to be a substitute for any such advice. Always seek the advice of your physician or other qualified health provider with any questions regarding a medical condition, diagnosis, particular prescription drug, or other treatment. Please seek medical advice before starting, changing, or terminating any prescription drug or medical treatment. Never disregard professional medical advice or delay in seeking it because of the Services.
RxSaver does not recommend or endorse any specific treatment, prescription drug, or pharmacy that may be mentioned on the Services. Reliance on any information provided by RxSaver, the Services, or others is at your own risk.
Certain states have imposed restrictions on the use of prescription drug coupons. Therefore, the Services and RxSaver coupons are void where prohibited by law
5. License to RxSaver
By posting or providing any feedback, testimonials, suggestions, ideas, and other submissions to RxSaver, including via its App Store page, you are granting RxSaver a non-exclusive, royalty-free, perpetual, irrevocable and worldwide license to use such content in connection with the operation of the Services and for any purpose whatsoever, including, without limitation:
the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, disclose, edit, translate, modify, adapt, create derivative works from and reformat such content, and/or to incorporate it into a collective work, and
the right to sublicense any or all of RxSaver's license rights to others.
You acknowledge and agree that such rights are granted without paying you any compensation and without any further obligation or restriction.
You further waive any and all moral rights in and to such content in favor of RxSaver. This means, among other things, that RxSaver has the right to use any and all ideas you submit (including ideas about RxSaver’s products, services, publications, or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.
You agree not to use RxSaver-associated public fora (including, but not limited to, RxSaver’s App Store pages) to post content that is hateful, violent, obscene, defamatory, libelous, or otherwise unlawful or, in RxSaver’s sole discretion, offensive. RxSaver may review and, where permitted, may remove, hide, or suppress any such content at any time and without notice.
6. Restriction on Use
You agree not to use the Services in a manner that is, in RxSaver’s sole discretion, harmful to others, including minors, or that violates any applicable law or regulation. You agree not to remove any copyright, trademark or other proprietary notices from any portion of the Services (including any discount coupon or discount card).
You may not attempt to resell or make any other commercial use of the Services or the discounts, or coupons, offered by RxSaver. Similarly, you agree that any prescriptions filled using the Services will be solely for your personal use (consistent with prescription dosage and instructions) or for that of a family member, dependent, or other authorized recipient from whom the related prescription was written.
RxSaver hereby grants you a limited, personal, non-exclusive, non-commercial, non-transferable license to access and use the Services as provided by RxSaver solely for your own personal use and as permitted by these Terms. You shall not attempt or engage in potentially harmful acts that are directed against the Services including, without limitation, any one or more of the following:
- using the Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party;
- causing, allowing, or assisting any other person to impersonate you;
- logging onto a server that you are not authorized to access;
- forging patient names or prescriptions, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity in connection with use of the Services;
- emulating or faking usage of the Services;
- violating or attempting to violate any security features of the Services;
- using manual or automated software, devices, scripts, robots, or other means or processes to access, data mine, "scrape," "crawl," or "spider" the Services, including the Site and any pages thereof, or using automated data submission to the Services;
- introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services;
- interfering or attempting to interfere with the use of the Services by any other user, host, or network, including without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," "pinging," or "crashing" the Services;
- causing, allowing, or assisting machines, bots, or automated services to access or use the Services;
- tampering with the operation, functionality, or the security of the Services, including any non-public areas of the Services;
- attempting to override or circumvent any security or usage rules embedded into the Services that permit digital materials to be protected or any other technological measures;
- attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach any security or authentication measures;
- misusing, tricking, disrupting, or otherwise interfering with the functioning of the Services;
- accessing the Services through unauthorized connections;
- harvesting or collecting email addresses, other contact information, or other personally identifiable information of other users or clients from the Services by electronic or other means;
- reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services;
- engaging in "framing," "mirroring," or otherwise simulating the appearance or function of the Services;
- forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
- deep-linking to any portion of the Services without RxSaver’s express written permission;
- acting illegally or maliciously against the business interests or reputation of RxSaver, the PBMs with which RxSaver works, the pharmacies forming part of those PBMs’ respective networks, RxSaver’s licensors, and RxSaver’s other business partners;
- hyperlinking to the Services from any other website without RxSaver’s express written consent;
- using the Services or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with RxSaver, including using the Services or any of its contents, in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited commercial messages;
- reselling or repurposing your access to the Services or any discount, or coupon, accessible via the Services; or
- using the Services or any of its resources to solicit other users of the Services, or other business partners of RxSaver to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with RxSaver, including, without limitation, re-posting discounts, or coupons.
Violations of these restrictions, or of system or network security, may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer's functionality or operation.
Also, as described below, RxSaver may seek liquidated damages for violation of these restrictions.
7. Parental Notice
Pursuant to 47 U.S.C. Section 230(d) as amended, RxSaver hereby notifies you that parental control protections (such as computer hardware, software, or filter services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available on the Internet.
RxSaver makes no representation or warranty as to the accuracy or fitness for use of any offers, including, but not limited to, Coupons posted via the Services. RxSaver is not responsible for providing any value for any Coupon. RxSaver is not responsible for the change of information at participating pharmacies, including, but not limited to, pricing, availability, or fitness for use. You understand that RxSaver does not and cannot guarantee any price displayed via the Services.
You agree that all of RxSaver's trademarks, trade names, service marks, and other logos and brand features displayed via the Services (collectively, the "Marks") are trademarks and the property of RxSaver. You agree not to display or use RxSaver’s Marks in any manner without RxSaver's prior permission, including but not limited to as part of a domain name or any other identifier. Third-party trademarks on the Services are the property of their respective third-party owners. Presence of a third-party trademark on the Services does not mean that RxSaver has any relationship with that third party or that such third party endorses the Services or RxSaver.
Intellectual Property Ownership
All right, title and interest in the Services, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to these Terms, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to RxSaver or its licensors, and you shall have no rights whatsoever in any of the foregoing.
You acknowledge that the Services constitute a valuable trade secret and/or are the confidential information of RxSaver or its licensors. Nothing in these Terms or otherwise will be deemed to grant to you an ownership interest in the Services, in whole or in part. All content and materials included as part of the Services, such as, text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, other material, and software (the "Works") are the property of RxSaver, its licensors, or applicable third-party-rights holders (such as PBMs), and are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.
All Works are copyrighted as individual works and as a collective work under copyright laws and international treaty provisions, and RxSaver owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not use, copy, adapt, modify, remove, delete, augment, add to, publish, transmit, adapt, translate, license, participate in the transfer or sale of, transfer, publicly display or perform, transmit, broadcast, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance of the Works, except as specifically permitted herein, is strictly prohibited.
You understand and acknowledge that unauthorized disclosure, use, or copying of the proprietary products and services provided pursuant to these Terms may cause RxSaver, its business partners, and its licensors irreparable injury, which may not be remedied at law, and you agree that RxSaver, its business partners, and its licensors' appropriate remedies for breach of these Terms may include an injunuction or other equitable relief.
9.Digital Millennium Copyright Act Policy
Notice and Takedown Procedure
It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act ("DMCA"). This section describes the information that should be present in these notices. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, https://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.
It is expected that all users of any part of the Services will comply with applicable copyright laws. If RxSaver receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity, regardless of whether we may be liable for such infringement under applicable law.
If we remove or disable access to the Services in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
RxSaver’s Designated Agent to receive notification of alleged infringement under the DMCA is:RxSaver
Attn: Legal Department
301 Congress Ave, Suite 400
Austin, TX 78701
Upon receipt of proper notification of claimed infringement, RxSaver will follow the procedures outlined herein and in the DMCA.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide RxSaver’s Designated Agent (listed above) the following information in a written communication (preferably via email):
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit RxSaver to locate the material on the Site or Applications;
- Information reasonably sufficient to permit RxSaver to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
- The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide RxSaver's Designated Agent (listed above) the following information in a written communication (preferably via email at [email protected] , Attn: Legal Department):
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- Your name, address, and telephone number;
- The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";
- The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
- The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
- Your signature, in physical or electronic form.
Upon receipt of such counter notification, RxSaver will promptly provide the person who provided the original infringement notification with a copy of the counter notification and inform that person that RxSaver will replace the removed material or cease disabling access to it in 10 business days. RxSaver will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
In accordance with Section 512(i)(1)(a) of the DMCA, RxSaver will, in appropriate circumstances and in its discretion, disable and/or terminate the access of users who are repeat infringers.
10. Network Access, Computer Hardware, and Mobile Devices
It is your responsibility to obtain the data network, computer hardware, and/or mobile device that may be necessary to access and use the Services. Data and messaging rates, and related fees, may apply when you access or use the Services.
Access to the Services is offered "AS IS" and "AS AVAILABLE." Access to the Services may be subject to issues, malfunctions, and delays inherent in the use of the Internet and electronic communications. It is your responsibility to check for updates to the Services, and RxSaver cannot guarantee that the Services, either as provided now or as may be provided in the future, will be fully compatible with any particular mobile device or computer hardware.
11. Text and Email Services
RxSaver allows you to send a Coupon for a particular prescription drug (a) via text messaging by using the Share Coupon feature in RxSaver’s Applications or (b) via email by using the Share Coupon feature on the Site. Please note that each request on the Application results in a text message being sent, including via SMS service, to the phone number you enter and that each request on the Site results in an email being sent to the email address you enter. By using this feature, you represent that the number or email address you enter belongs to you and that you provide your express written consent for RxSaver to send a text message to that number or an email to that email address including the prescription-drug information that you enter or search. Note that you are not required to use the Share Coupon feature or to provide this related consent to use RxSaver’s Services. Nor is any other user. Message and data rates may apply to messages sent through the Share Coupon feature, so check your service plan for your standard messaging fees. If you want to send a Coupon to someone you know, please have the discount coupon sent to your own phone number or email address and then share it with them directly.
The Share Coupon prompt on the Site also allows you to opt in to receiving, via the email address you enter, promotional messages, coupons, and other-savings related content. By opting in, you agree to receive these messages and represent that the email address you enter belongs to you. You can unsubscribe, or opt out, at any time by following the instructions contained in the email messages we send to you.
RxSaver may, from time to time, run promotions, whether on the Site or as part of advertisements. You are not required to participate in any such promotion. You agree that, to the extent that you take part in a promotion, you are bound to the particular terms related to that promotion. In the event of a conflict between these Terms and the terms of a promotion in which you participate, the promotion’s terms will control. RxSaver is not responsible for any promotion run by any third party, including, but not limited to, that of any third-party site linked from the Site.
You acknowledge and agree to indemnify and hold RxSaver, its affiliates, licensors, PBMs, business partners, and their respective directors, officers, employees, agents, or other representatives, harmless, including costs and attorneys' fees, from any claim or demand made by any third party arising out of (a) your use of the Services, (b) your violation of these Terms, (c) the infringement by you of any intellectual property or other right of any person or entity or (d) any products or services purchased by you in connection with the Services. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you.
14. Disclaimer, Release, & Limitation of Liability
THE SERVICES AND ANY CONTENT OR INFORMATION PROVIDED ON OR ACCESSIBLE FROM THE SERVICES, SITE, OR APPLICATIONS ARE PROVIDED BY RXSAVER ON AN "AS IS" AND "AS AVAILABLE" BASIS. RXSAVER (TOGETHER WITH ITS PBMS, VENDORS, LICENSORS, AND BUSINESS PARTNERS) MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS (INCLUDING PRESCRIPTION DRUGS) AVAILABLE VIA OR IN CONNECTION WITH THE SERVICES, OR THAT THE SERVICES, SITE, APPLICATIONS, E-MAIL SENT FROM RXSAVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES, SITE, AND APPLICATIONS IS AT YOUR SOLE RISK
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RXSAVER (TOGETHER WITH ITS PBMS, VENDORS, LICENSORS, AND BUSINESS PARTNERS) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH PHARMACIES AND OTHER VENDORS RELATED TO THE SERVICES, SITE, OR APPLICATIONS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE RXSAVER (TOGETHER WITH ITS PBMS, VENDORS, LICENSORS, AND BUSINESS PARTNERS) FROM ANY AND ALL CLAIMS OR LIABILITY (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY) RELATED TO: THE SERVICES; ANY PRESCRIPTION FILLED IN CONNECTION WITH THE SERVICES; ANY ACTION OR INACTION BY ANY PARTICIPATING PHARMACY OR MEDICAL PROVIDER; ANY PHARMACY’S OR MEDICAL PROVIDER’S FAILURE TO COMPLY WITH APPLICABLE LAW; PARTICIPATION IN A PROMOTION; USE OR MISUSE OF ANY DISCOUNT OR COUPON ACCESSED THROUGH THE SERVICES; OR ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER.
SUPPLIERS (INCLUDING MEDICAL PROVIDERS AND PHARMACIES) ARE FULLY AND SOLELY RESPONSIBLE FOR THE CARE AND QUALITY OF ALL GOODS (INCLUDING PRESCRIPTION DRUGS) AND SERVICES THEY PROVIDE TO YOU AND FOR ANY AND ALL INJURIES, ILLNESSES, DAMAGES, CLAIMS, LIABILITIES AND COSTS ("LIABILITIES") THEY MAY CAUSE YOU TO SUFFER, DIRECTLY OR INDIRECTLY, IN FULL OR IN PART, WHETHER RELATED TO YOUR USE OF THE SERVICES OR NOT.
THE RELEASED PARTIES (AS DEFINED BELOW) ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY YOU, TYPOGRAPHIC ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH PRESCRIBING ANY TREATMENT (INCLUDING PRESCRIPTION DRUG) OR FILLING ANY PRESCRIPTION; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTERING A DISCOUNT OR COUPON PROVIDED VIA THE SERVICES; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN CONNECTION WITH THE SERVICES; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM YOUR USE OF THE SERVICES OR USE OR MISUSE OF ANY PRESCRIPTION DRUGS.
15.3 Trademark Information
You agree that all of RetailMeNot's trademarks, trade names, service marks, and other logos and brand features (including, without limitation, "RetailMeNot", "RetailMeNot Everday", "RetailMeNot Rx Saver", "RxSaver by RetailMeNot" and "LowestMed") that are displayed via the Services (collectively, the "Marks") are trademarks and the property of RetailMeNot. You agree not to display or use RetailMeNot's Marks in any manner without RetailMeNot's prior permission, including but not limited to as part of a domain name or any other identifier. Third-party trademarks are the property of their respective third-party owners. Presence of a third-party trademark on the Services does not mean that RetailMeNot has any relationship with that third party or that such third party endorses the Services or RetailMeNot.
Limitation of Liability
=TO THE EXTENT ALLOWED BY APPLICABLE LAW, RXSAVER, ITS AFFILIATES, LICENSORS, PBMS, BUSINESS PARTNERS, VENDORS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES OF RXSAVER AND EACH PAYMENT SERVICES PROVIDER ("RELEASED PARTIES") HEREBY DISCLAIM ANY LIABILITY TO YOU IN CONNECTION WITH YOUR USE OF THE SERVICES, APPLICATIONS, OR SITE. THIS INCLUDES, WITHOUT LIMITATION, YOUR USE OF ANY DISCOUNT OR COUPON ACCESSED VIA THE SERVICES AND ANY PRESCRIPTIONS FILLED USING THE SERVICES, APPLICATIONS, OR SITE.
IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, APPLICATIONS, OR SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL AND INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, DEATH, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE SERVICES, APPLICATIONS, OR SITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER RXSAVER WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
THE LAWS OF CERTAIN JURISDICTIONS 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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
15. Dispute Resolution
By agreeing to these Terms, you agree to resolve any and all disputes with RxSaver and relating to the Services as follows:
Initial Dispute Resolution
Most disputes can be resolved without resort to litigation. You can reach our Customer Support by sending an email to: [email protected] Except for intellectual-property and small-claims-court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with our Customer Support (and Legal Department, as appropriate), and good-faith negotiations shall be a condition to either party initiating arbitration or, where applicable, a lawsuit.
If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. This arbitration agreement is binding and mandatory if you choose to use the Services or access the site any further.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, RxSaver will pay the additional filing fee. If the arbitrator finds the arbitration to be non-frivolous, RxSaver will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial (where applicable). They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in Travis County in the State of Texas, United States of America, and you and RxSaver agree to submit to the personal jurisdiction of any federal or state court in Travis County, Texas in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Exception for Intellectual Property Claims, Small Claims Court Claims, and Injunctive or Other Equitable Relief by RxSaver
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property exclusively in Texas State Court located in Travis County, Texas, in the United States District Court for the Western District of Texas (Austin Division), or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). You agree to submit to the personal jurisdiction all three courts. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. Where applicable and not overridden by federal law, litigation under this exception shall be governed by the laws of the state of Texas, regardless of your country of origin or where you access the Promotions or related services, notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods.
You acknowledge and agree that any violation or breach of the Terms may cause RxSaver immediate and irreparable harm and damages. Accordingly, and notwithstanding any other provision of these Terms or other applicable legal requirements, you acknowledge and RxSaver reserves the right, in its discretion, to immediately seek and obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek and obtain permanent injunctive relief regarding any violation or breach of these Terms. In addition to any and all other remedies available to RxSaver in law or in equity, RxSaver may seek specific performance of any term in these Terms, including but not limited to by preliminary or permanent injunction. Notwithstanding the above, you agree that RxSaver shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
CLASS ACTION WAIVER
The parties further agree that arbitration or, where applicable, litigation shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND RXSAVER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class-action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes on a class basis.
30-Day Right to Opt Out
You have the right to opt out and not be bound by the arbitration and class-action waiver provisions set forth above by sending written notice of your decision to opt out to [email protected] with the subject line, "MANDATORY ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of (a) the Effective Date of these Terms; or (b) the first date that you used the Services subject to any versions of the Terms that included a substantially similar version of the mandatory arbitration and class-action waiver, whichever is earlier. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, RxSaver also will not be bound by them.
Changes to This Section
Any changes to this section will only become effective sixty (60) days after the revised Effective Date of these Terms and only will apply prospectively to claims arising after the sixtieth (60th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled "Mandatory Arbitration and Class Action Waiver," and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence when you participated in the Promotion(s) at issue.
The Mandatory Arbitration and Class Action Waiver sections shall survive any termination of the Services covered by these Terms.
16. Damages for Violations of Restriction on Use
In addition to any injunctive relief discussed above, if you are involved or cause others to be involved in behavior that violates Section 6 (Restrictions on Uses) Subsections 4 through 25 above, you agree to pay to RxSaver the total amount of all actual damages (including but not limited to direct, indirect, consequential, and incidental damages) caused by such a violation of these Terms for which you bear responsibility. Further, you acknowledge that, for violations of Section 6, Subsections 4 through 25, actual damages would be extremely difficult or impossible to quantify. Accordingly, for violating Section 6, Subsections 4 through 25, you agree to pay liquidated damages to RxSaver as described in the schedule set forth below.
Furthermore, you agree that the amounts of liquidated damages described below are reasonable estimates of RxSaver’s damages for violations of Section 6, Subsections 4 through 25.
You further agree that, to the greatest extent permitted by applicable law, every remedy described by these Terms, including the liquated damages set forth below, shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
Liquidated Damages Schedule for Violations of Section 6, Subsections 4 through 25
For purposes of this schedule of liquidated damages, "Item of Content" means each and every discount or Coupon offered via the Services. For instance, each Coupon offered on the Site is a single Item of Content. Each Item of Content shall be considered and treated as an individual, discrete Item of Content even if it contains the same or substantially similar content as one or more other Items of Content.
For purposes of this schedule of liquidated damages, "Instance of Unauthorized Conduct," or "Act" means each individual time RxSaver's servers, network, APIs, or content are accessed in connection with or in facilitation of a violation of Section 6, Subsections 4 through 25. With respect to the Instances of Unauthorized Conduct enumerated in below, each day RxSaver's servers, network, API, or content are accessed to facilitate one or more of the violations enumerated therein shall constitute one Instance of Unauthorized Conduct.
For each violation of Section 6, Subsections 4 through 25, you agree to pay liquidated damages to RxSaver in the amount specified below. You further acknowledge and agree that the imposition of liquidated damages for each such violation is independent and distinct, and that the assessment of total liquidated damages for multiple violations is cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
$50 Per Item of Content copied in Violation of Section 6, Subsections 7 and 10 through 25
You agree to pay $50 per violation for each Item of Content accessed or obtained via the Services (1) using manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl," or "spider" the Services, including any pages contained in the Site, or for data mining or automated data submission or (2) by causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of RxSaver.
$100 Per Instance of Unauthorized Conduct in Violation of Section 6, Subsections 3 and 4
You agree to pay $100 per violation for each (1) Act of logging onto a server that you are not authorized to access or (2) Act of forging patient names or prescriptions, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity in connection with use of the Services.
$1,000 Per Instance of Unauthorized Conduct in Violation of Section 6, Subsections 5 and 6
You agree to pay $1,000 per violation for each (1) Act of emulating or faking usage of the Services or (2) Act of violating or attempting to violate any security features of the Services.
$10,000 Per Instance of Unauthorized Conduct in Violation of Section 6, Sections 7 through 25
You hereby acknowledge that certain technology could be misused to facilitate harm to RxSaver, its users, its business partners, and/or its affiliates on a massive scale.
You agree to pay $10,000 for each (Section 6, Subsections 7 through 25):
- Act of using manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl," or "spider" any pages contained in the Site or for data mining or automated data submission;
- Act of introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services;
- Act of interfering or attempting to interfere with the use of the Services by any other user, host, or network, including without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," "pinging," or "crashing" the Services;
- Act of causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of RxSaver;
- Act of tampering with the operation, functionality, or the security of the Services, including any non-public areas of the Services;
- Act of attempting to override or circumvent any security or usage rules embedded into the Services that permit digital materials to be protected or any other technological measures;
- Act of attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach any security or authentication measures;
- Act of misusing, tricking, disrupting, or otherwise interfering with the functioning of the Services;
- Act of accessing the Services through unauthorized connections;
- Act of harvesting or collecting email addresses, other contact information, or other personally identifiable information of other users or clients from the Services by electronic or other means;
- Act of reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services;
- Act of engaging in "framing," "mirroring," or otherwise simulating the appearance or function of the Services;
- Act of forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
- Act of deep-linking to any portion of the Services without our express written permission;
- Act of acting illegally or maliciously against the business interests or reputation of RxSaver or the PBMs or participating pharmacies whose pricing is promoted via the Services;
- Act of hyperlinking to the Services from any other website without our initial and ongoing consent;
- Act of using the Services or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with RxSaver, including using the Services or any of its contents, in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited commercial messages;
- Act of reselling or repurposing your access to the Services or any purchases made through the Services; or
- Act of using the Services or any of its resources to solicit other users of the Services, PBMs, pharmacies, or other business partners of RxSaver to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with RxSaver, including without limitation, aggregating current or previously offered Coupons via the Services.
If you have any questions or comments about these Terms, please contact us at the following address:RxSaver
Attn: Legal Department
301 Congress Ave, Suite 400
Austin, TX 78701
Third Party Legal Notices
Certain features of the Services are subject to third-party terms and conditions.
Our Applications for Android-based mobile devices utilizes the Google Maps Android API and, as a consequence, is subject to the legal notices published at this link.
Our Applications for iOS-based mobile devices ("our iOS App") is subject to the following terms imposed by Apple, Inc. ("Apple"): (i) these Terms are between RxSaver and you only, and not with Apple. Apple is not responsible for our iOS App and the content thereof; (ii) your license to use our iOS App is limited to a non-transferable license to use the iOS App on an iOS product that you own or control and as permitted by the usage rules set forth in Apple's App Store terms of service; (iii) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our iOS App; (iv) in the event of any failure of our iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for our iOS App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our iOS App; (v) Apple is not responsible for addressing any claims of yours or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (a) product liability claims; (b) any claim that our iOS App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; (vi) in the event of any third party claim that our iOS App or your possession and use of our iOS App infringes that third party's intellectual property rights, Apple, will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; (vii) you represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting"s country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties; (viii) you must comply with any other applicable third-party terms when using our iOS App (e.g., your wireless data service agreement); and (ix) RxSaver and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
Termination of Service
RxSaver disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services. RxSaver reserves the right to modify, add, or discontinue any aspect, contents, or feature of the Services and the right to suspend or discontinue the Services or access to the Services without any notice at any time and without any liability to you. Your continued use or accessing of the Services following the posting of any such changes to the Terms constitutes your acceptance of the changed Terms. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms would render this contract unenforceable for any reason, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms being deemed unenforceable.
Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Site, Applications, or Services, including but not limited to all content, services, digital products, tools or products, and any other acts engaging in unlawful or inappropriate conduct using the Services, is hereby expressly prohibited.
Void Where Prohibited
The Services may not be accessed from locations outside of the United States. Those who choose to access the Services from other locations despite this prohibition do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Services is void where prohibited.
ANY PROVISION OF THESE TERMS AND CONDITIONS THAT BY ITS NATURE IS REASONABLY INTENDED TO SURVIVE BEYOND TERMINATION OF THESE TERMS AND CONDITIONS SHALL SURVIVE
You may not assign these Terms RxSaver’s express written consent to such assignment.
RxSaver may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of substantially all of RxSaver's equity, business, or assets; or (iii) a successor by merger.
Any purported assignment in violation of this Subsection shall be void.
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. RxSaver may operate additional projects or services which require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein.
RxSaver’s vendors, licensors, and business partners (including its PBMs) are third-party beneficiaries of this Agreement and may directly enforce the Agreement’s provisions.
No joint venture, partnership, employment, or agency relationship exists between you, RxSaver, or any of RxSaver’s business partners as a result of your use of the Services or of these Terms.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, that provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
Customer Service Support
If you need Customer Service Support for RxSaver Services, please visit here or call us at 1-855-569-6337.