1. Subscription Service
Without limitation, We make no warranty that (i) the service will meet Your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results obtained from use of the service will be accurate or reliable; (iv) the quality of any products, services, information, or other material obtained through Our service will meet Your expectations; (v) no advice or information obtained by You from Our personnel or through Our service shall create any warranty not expressly provided for in the terms of service and (vi) any errors in the service will be corrected.
2. Subscription Benefits ("Benefits")
As a subscriber, you will be entitled to access all the discounts on certain products and services offered by participating providers. Benefits are explained in the Welcome Package or in other Subscription Materials that may be provided from time-to-time. Some of the Benefits may not be available in Your area.
A. We and Our subsidiaries and affiliates are not responsible or liable for any Benefits provided by third parties, if You have any claims relating to such Benefits, You will make your claim against the company providing the Benefit.
B. We make no warranties, expressed or implied, including the warranty of merchantability or fitness for a particular purpose, with respect to any of the Benefits or related information provided to you.
C. Under no circumstances shall our liability exceed Your current Subscription Fee, and under no circumstances shall we be liable for Your incidental or consequential damages.
D. We reserve the right to eliminate, add, change and substitute Benefits and participating providers without notice to you.
E. We assume no responsibility for the payment of or contribution to any use or sales tax on the Benefits which may be imposed by taxing authorities and such taxes, to the extent imposed, shall remain Your sole responsibility or that of the provider of the Benefits, as the case may be.
F. Support or assistance with the Benefits via the phone or a web site is provided on an "as is" and "as available" basis. You use it at Your sole risk.
3. Personal Information and Privacy
We are committed to protecting Your privacy, however in order to provide You the Subscription Service and offer You the greatest value we must collect and sometime share information about you;
A. Required Personal Information. In order to obtain and maintain Your Subscription You are required to provide a limited amount of Personal Information. This includes Your name, address, date of birth, gender and email address (if You have one).
B. Optional Personal Information. Any information, other than Required Personal Information, described above, you provide in conjunction with making or updating an application for Subscription is strictly voluntary. Such data is requested for the purpose of understanding the needs of Subscribers and developing future Benefits for the Program.
C. Personal Transaction Information. From time-to-time in the normal course of business, Subscriber Benefit Providers may provide acknowledgement or report of purchases or transactions conducted by Subscribers that may or may not include Your Personal Information. We will refuse to accept any information, which contains Personal Information other than that which You have provided Us as described above. For your protection Personal Information we will refuse from such Provider includes, but is not limited to credit card numbers, banking information, and Social Security numbers.
E. Disclosure of Personal Information. We will not knowingly give, sell, rent, or loan any Personal Information to any third party, for any purpose with the following exception: From time-to-time in the ordinary course of business We may provide your Personal Information to third-parties for the express purpose of performing Subscription Services on Our behalf. This is limited to the mailing of Subscriber Materials, the production of Subscriber Identification Cards, providing Subscriber Service to you, sending You information about a Benefit, or making Subscriber Benefits available for Your use. Under no circumstances will We knowingly allow a third party use Your Personal Information for any other purpose than that described or disclose Your Personal Information to another party.
F. Access to Your Account. In order to permit Us to protect the quality of Our Subscription Service, You hereby consent to Our employees and agents being able to access Your account and records as necessary to investigate complaints and other allegations or abuse. We shall not disclose the existence or occurrence of such an investigation unless required to by law.
4. Subscriber Communications and Consent
Subscriber Communications may include, but not be limited to Subscription Materials, Subscription Identification Card, Newsletter, Benefit Promotions, Notices, and Updates sent in the form of letters, other mailings or emails. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) may require that we obtain your express consent prior to using any information You provide to Us for the purposes of sending You Subscriber Communications. You agree that your enrollment and subsequent participation will serve as Your express consent to receive any and all Subscriber Communications sent by and/or its affiliated third parties. Should You wish to stop receiving promotional particular newsletters, promotions, or other communications, You may do so by "opting out". Each mailing You receive will contain specific instructions regarding how You avoid receiving future mailings of a similar nature as appropriate.
5. Subscriber Web Site
As a Subscriber You give your express consent to access program support information from an Internet web site with the following understanding:
A. Any material downloaded or otherwise obtained through the use of the service done at Your own risk and you will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material.
B. You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained, or messages received, or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
C. In order to use Our site, you must have access to the world wide web, either directly or through devices that access web-based content. In addition, You must provide all equipment necessary to make such connection to the world wide web, including a computer and modem or other access device. You are solely responsible for all charges associated with connecting to this web site through an available access number.
D. Site Links. Our web site may include links to other Internet sites maintained by third parties ("Linked Sites"). We provide You access to Linked Sites solely as a convenience to you. We have no control over Linked Sites. You acknowledge and agree that we are not responsible for the availability of Linked Sites and You agree and understand that inclusion of Linked Sites does not imply Our endorsement of the Linked Sites or any content, advertising, products or other material available from Linked Sites. You further agree that we shall not be held responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any Linked Sites.
E. Advertising. We use third-party advertising companies to serve ads when You visit Our site. These companies may use information about Your visits to Our site in order to provide advertisements about goods and services of interest to you. We may share web site usage information about visitors to Our sites with this company for the purpose of managing and targeting advertisements and for market research analysis on our site. For these purposes, we and Our third-party advertising companies may note some of the pages You visit on Our site through the use of pixel tags (also called clear .gifs). In the course of serving advertisements to this site, our third-party advertisers may place or recognize a unique "cookie" on Your computer.
6. Subscription Fees
Payment of fees for the Subscription Service is due in advance. Fees will be collected in the manner established at the time of enrollment or subsuquent renewal. You are solely responsible for any "returned check", "overdraft" , "over the limit" and any other similar fees incurred in connection with any Subscription or renewal fees and any other amounts incurred by You when You use this program.
7. Subscription Term
Your Subscription is effective for the lesser of; the period of time which You have made full payment for; or the duration of the Subscription Service, which may be cancelled at any time. Unless You notify Us that You wish to terminate this Agreement and cancel your Subscription by following the Instructions below, Your Subscription will continue automatically.
You agree that we, at Our sole discretion, may terminate Your Subscription upon refund of remaining Subscription Fees. If you wish to cancel You Subscription, You may call the customer service number printed on Your Subscription card and requesting cancellation from an operator or You may do so in writing by email to [email protected] or by mail to the following address, stating Your name, address and Subscription number clearly:
If You do not cancel Your Subscription (s) via Certified Mail, We cannot guarantee receipt, and therefore, we cannot guarantee refund.
9. Use of Subscription
Your Subscription is non-transferable. You agree that only individual named card holder may use the Subscription. "Immediate Family" means You, Your spouse and your children living at Your home. You will promptly notify Us if You become aware of any unauthorized use of Your Subscription card or Subscription number, or if your Subscription card is lost or stolen.
10. Modification of Subscription Service
You agree that at our sole discretion and without prior notice or liability, We may at any time either temporarily or permanently, discontinue or modify any aspect of Our site including without limitation, (i) restricting the operating hours of customer service; (ii) changing Subscription Fees; and (iii) restricting or terminating any Subscriber's right to use the Prescription Plan. If we decide to change the Subscription Service, we will refer to those changes on Our web site. If You have provided an email address You will also be notified by way of an email.
11. Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations herein may not apply to you.
12. Copyright & Trademark Notices
You acknowledge that our web site contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "content") that are protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All content is copyrighted under U.S. copyright laws. The name and logo are trademarks of RxVantage. All other trademarks appearing on the Site are the trademarks of their respective owners. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content in whole or in part.
13. Availability Restrictions
This Program is only available to residents of the contiguous United States. Orders to U.S. military post offices cannot be fulfilled.
14. Entire Agreement
15. Governing Law