Terms of Use

Last Updated: December 4, 2020

These Terms of Use apply to all site visitors of Rx.com located at https://www.Rx.com (the “Site”). The Site may be accessed via the World Wide Web or via a mobile application. This Site is provided to you as a service to enable access to prescription drug pricing. These Terms of Use are between a user of any portion of the Site (“you” or “your”) and Rx.com (“ Rx.com ”, “we”, “us” and “our”).

Access to and use of the Site is conditioned upon your assent to these Terms of Use. You are deemed to have assented to these Terms of Use when you use any publicly available page of the Site. You are deemed to have accepted these Terms of Use each time you access the Site. By accessing or using the Site, you acknowledge that you have read, understand, and agree to be legally bound by these Terms of Use.

CARD & COUPON USAGE

This is not insurance. This discount card and coupons cannot be used by persons covered by state- or federal-funded programs such as Medicare, Medicaid or Tricare to purchase Rx.com featured medications, even if processed outside the benefit as an uninsured (cash-paying) patient. The discount card and coupons cannot be used with any insurance benefit or copay assistance programs. They are valid at participating pharmacies only; see the Site or call number below for listing. Rx.com is not offering advice, recommending or endorsing any specific prescription drug, pharmacy or other information. Use of the discount card and coupons are subject to additional terms and conditions posted online at the Rx.com site. Rx.com does not make payments to providers.

UPDATES

From time to time, we may, in our sole discretion, modify these Terms of Use, and the Privacy Policy, indicated by a new version number and revision date. The version number includes a major number, a decimal point, and a minor number. A change to the major number reflects a significant change to the policy, while a change to the minor number reflects a less significant change to the policy. Examples of significant changes include additional provisions that reflect new Site functionality, significant modifications to existing provisions, and more significant changes to Site functionality that cause provisions to be modified, added, or removed. Examples of less significant changes include additional provisions that clarify current Site functionality, minor modifications to existing provisions, and less significant changes to Site functionality that cause provisions to be modified, added, or removed.

We will provide an advance notice of a major change prior to your access of any portion of the Site for which registration is required. For example, we may (i) require that you reaccept the updated version of the web policies, (ii) send you an electronic notification advising of the update to the web policies, (iii) include a notice on the Site viewable without login advising of the update to the web policies, and/or (iv) advise you of the updated web policies during a phone call. We do not ordinarily provide advance notice of a minor change.

It is important that you check these Terms of Use every time you visit the Site. Your use of the Site and/or utilization of any Site benefits after the Terms of Use have been updated (and after advance notice of certain major changes), indicates your agreement and acceptance of the updated version of the Terms of Use and the Privacy Policy, including the modifications made as of the date of your use.

User Obligations

You are required to comply with all applicable laws in connection with your use of the Site and Site Content. You agree that you have appropriate procedures and safeguards with respect to your access and use of the Site and any Site Content obtained through the Site. As a condition of your use of the Site, you agree that you will not use the Site and Site Content for any purpose that is unlawful or prohibited by these Terms of Use. You agree that you will only provide information in connection with any and all uses of the Site that is true and accurate, identifies only you, and is not false, misleading, or otherwise an impersonation of any person or entity. Certain portions of the Site may have additional terms and conditions. When these portions are used, you agree to be further bound by the associated additional terms and conditions.

CONTENT & INTELLECTUAL PROPERTY

This Site may contain text, images, software, photographs, video, graphics, audio, features, data, designs, and similar content (collectively “Site Content”). Unless specifically identified, images are representative only and do not depict actual patients or members.

Site Content is owned by us or our third-party licensors and is protected by U.S. and international copyright, trademark, and other laws. You may browse and download Site Content for personal use only, provided you keep all copyright notices intact.

Except as expressly permitted, you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute Site Content — including underlying code — nor use it for commercial purposes without our prior written consent. We may change Site Content at any time without notice.

SMS COMMUNICATIONS

We provide support for SMS texting communications for informational and/or marketing messages associated with the Rx.com. If you opt-in to the Rx.com text message program, you will receive informational and/or marketing text messages in association with Rx.com. For example, we may text your Rx.com card information to you. The number of text messages per month varies. To opt-in, reply YES when you receive a text message from Rx.com from any of the following numbers listed 1-866-447-9266 . To opt-out from the Rx.com text message program, you can text STOP in response to text messages from Rx.com from your mobile phone and we will unsubscribe you from text messages associated with the Rx.com and send you one message to confirm your opt-out. You will not receive additional text messages unless you opt back in. To get technical help or support, call us at 1-866-447-9266. Message and Data Rates May Apply. The Rx.com text message program is subject to these Terms of Use and the Privacy Policy, as defined below, to the extent applicable.

USER EXPERIENCE

We constantly make improvements to our Site by adding and modifying its features and functionality. To enhance your Site experience and improve Site effectiveness, we may monitor your Site usage, selectively provide or disable Site features and functionality, and contact you to solicit information that would assist us in improving the overall user experience through such features, functionality, or otherwise.

FEEDBACK & OTHER SUBMITTED CONTENT

Certain portions of the Site may provide mechanism(s) for you to communicate and share information and/or materials with us. By submitting to us your feedback, comments, reviews, ideas, testimonials, opinions, photos, and/or other submitted content (any, a “Submission”) through the Site, electronic communications, or otherwise, you agree as follows:

1) Your Submissions must: (i) be original and solely written or created by you; (ii) not feature any intellectual property unless owned by you or us, or anything illegal, obscene, threatening, defamatory or otherwise objectionable, in our sole discretion; (iii) not feature any identifiable person(s), other than you or those on whose behalf you are authorized to feature in your Submission; and (iv) be accurate, truthful, and not misleading.

2) By sending us a Submission, to the fullest extent and for the maximum duration permitted by applicable law, you also grant to us a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display your Submission, in whole or in part, including the right to use your name, image, likeness, and biographical information (as provided by you) in conjunction with the Submission, on a worldwide basis, in any form, media or technology now known or later developed, including without limitation for our promotional or marketing purposes, and you waive all moral and similar rights. If requested, you will agree to sign any documents to confirm the above.

3) By sending a Submission, you also waive and release, and agree to hold us harmless, and our parents, subsidiaries, affiliates, advertising and promotion agencies, from and against any and all rights claims and causes of action whatsoever, including but not limited to claims relating to rights of privacy, publicity, libel or infringement, or otherwise relating to injury, loss or damage, whether direct, compensatory, incidental or consequential, arising in whole or in part from the Submission or our use of same. You warrant that your Submission is being provided voluntarily, does not incorporate or embody any confidential or proprietary information of third parties, and does not violate any applicable laws or regulations or infringe any third party’s copyrights, patent rights, trademarks, or other intellectual property rights.

With certain submission mechanisms, we may post or otherwise contemporaneously provide you with terms that restrict our use of your Submission received through a particular submission mechanism and/or at a particular time. Some of the submission mechanisms available through the Site may provide you with options to enable or limit how we may use a Submission. When such terms are provided or options are available and specified, our use of such Submissions pursuant to this section is subject to such limitations.

We may contact you regarding your Submission through any known electronic communication channel. If you have questions about our usage of a particular Submission, please contact us at legal@rx.com.

Social Media

The Site may include opportunities to view information and communicate with us through social media services such as LinkedIn®, Twitter®, Facebook®, Glassdoor® and blogging. You should use common sense and good judgment in communicating with us through these services. We are not responsible for the terms of use and privacy policies that govern these third-party sites.

No Professional Advice

The information provided on the Site is for informational purposes or general guidance only, and does not constitute medical, legal, financial, accounting, tax, or other professional advice. We do not warrant or guarantee the accuracy, completeness, adequacy, or currency of the provided information, nor do we endorse any views or opinions that may be included therein. The provided information does not constitute the rendering by us of any type of opinion, certification, or guarantee. The provided information is not a substitute for medical or other professional advice and it is important that no medical or other professional decisions should be made without first consulting a personal physician or other applicable professional. The receipt of any questions or feedback you submit to us does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy.

Linking Policy

Our Site may contain hyperlinks allowing our users to connect to other websites owned by us and our affiliated companies and websites owned by our third-party vendors, distributors, and providers Linked Sites. You may also access our Site through a hyperlink embedded in a Linked Site. We provide hyperlinks to the Linked Sites to enable you to conveniently access websites that may be of interest to you. Please note that once you click on a hyperlink that transfers you from our Site to a Linked Site, you have left our Site, and this Terms of Use will immediately cease to apply to any subsequent activity on the Linked Site. We are under no obligation to notify you when you have left our Site and have accessed a Linked Site. Use of any Linked Site will be governed by the privacy policy, terms of use, and/or other policies (if any) on the Linked Site.

Use Restrictions

You agree that you will not (and will not attempt to) do any of the following:

Access or use the Site in any manner not authorized by these Terms of Use.
Distribute, sublicense, rent, loan, or make any Site component available to third parties.
Access Site components via automated means not approved by us in writing.
Screen-scrape, data-mine, or harvest any Site component or build duplicate data stores.
Bypass or circumvent access controls or security measures.
Gain unauthorized access to the Site or any other user’s network or data.
Introduce malicious code (virus, Trojan horse, spyware, adware, etc.) or disrupt Site operations.
Use the Site in violation of applicable laws, third-party rights, or these Terms of Use.
Reverse engineer, decompile, or attempt to derive the Site’s source code or database structures.
Remove or obscure any copyright, trademark, or other Site notices.

We reserve the right to suspend or terminate Site access to address non-compliance with these Terms of Use.

Off-Label Use

Certain uses of products discussed on the Site may not have been approved by the Food and Drug Administration.

You agree to the Inside Rx Privacy Policy ("Privacy Policy"), which is incorporated by reference in these Terms of Use.

DISCLAIMER OF WARRANTIES

THE SITE AND THE SITE CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. ALL USE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

WE DISCLAIM ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, TITLE, NON-INFRINGEMENT, AND USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE ACCURATE, COMPLETE, UP-TO-DATE, UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

NO SUPPLIER TO US HAS ANY WARRANTY, SUPPORT, OR OTHER OBLIGATIONS TO YOU IN CONNECTION WITH YOUR USE OF THIS SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SITE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT FULLY APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATED TO THE SITE, THE SITE CONTENT, YOUR ACCESS OR USE, OR THESE TERMS OF USE, EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, OUR TOTAL, CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION SHALL NOT EXCEED FIVE UNITED STATES DOLLARS ($5.00). WE ASSUME NO LIABILITY ARISING FROM COMMUNICATION ERRORS, SERVICE INTERRUPTIONS, SITE MALFUNCTIONS, CONDUCT OF SITE USERS, COMPUTER VIRUSES, LOSS OF DATA, DAMAGE TO YOUR DEVICE, MALICIOUS THIRD-PARTY ACTS, FORCE MAJEURE EVENTS, BUSINESS INTERRUPTION, OR LOSS OF PROFITS OR GOODWILL.

THESE LIABILITY LIMITATIONS APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, REGARDLESS OF THE NUMBER OF INCIDENTS OR CLAIMS AND REGARDLESS OF THE NATURE OF DAMAGE OR CAUSE OF ACTION. THEY ARE AN ESSENTIAL PART OF THESE TERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT FULLY APPLY TO YOU.

Indemnification

You agree to indemnify and hold Rx.com®, its affiliates, and their respective directors, officers, employees, and agents harmless from and against any and all claims, demands, actions, damages, liabilities, losses, fines, penalties, judgments, awards, settlements, costs and expenses (including reasonable attorneys’ fees and court costs) arising out of or resulting in whole or in part from your violation of these Terms of Use, your misuse of the Site, or your violation of the rights of another person or entity.

NOTICE OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide our designated Copyright Agent identified below with the following information:

a. identification of the copyrighted work claimed to have been infringed;

b. identification of the allegedly infringing material on the Site that is requested to be removed;

c. your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;

d. a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;

e. a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and

f. a physical or electronic signature of the copyright owner or the person authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

Contact Information for Our Copyright Agent:

Legal Department, Intellectual Property
e-mail: legal@rx.com

We will remove any content that infringes the copyright of any person under the laws of the United States upon receipt of information as set forth in Subsections (a) - (f) above, and may, in our sole discretion if we deem it appropriate, terminate access rights of any user who we reasonably believe violates any United States copyright laws.

GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflict of law rules. The Site is operated through servers located in the United States of America and is intended for use by individuals residing in the United States of America. No laws of any foreign jurisdiction shall apply to these Terms of Use or be binding on us.

JURISDICTION; VENUE

Any dispute, claim, action or proceeding arising out of or related to the Site, the Site Content, the Privacy Policy, or these Terms of Use, or the interpretation or enforcement hereof, whether at law or in equity, shall be brought only in the state courts located in Texas or, if proper and exclusive federal subject matter jurisdiction exists, the United States District Court for Florida. Each party hereby submits to the personal jurisdiction and consents to the exclusive venue of such courts, and waives any objections thereto, including based on forum non conveniens. Notwithstanding the foregoing, in connection with asserting or protecting our intellectual property or other legal rights or business interests, we retain the right to seek temporary or permanent injunctive or other non-monetary equitable relief against you in any court of competent jurisdiction.

No Waiver

Any waiver by us must be expressed and in writing, must be directed specifically by us to you, and must be signed by our duly authorized representative. Our failure to enforce any provision of these Terms of Use or to respond to a breach by you or third parties shall not in any way limit or waive our right to do so, including without limitation our right to enforce subsequently any provision of these Terms of Use, or to assert our rights with respect to the same or similar breaches.

ENTIRE AGREEMENT

Unless otherwise specified herein, these Terms of Use and the Privacy Policy incorporated herein constitute the entire agreement between you and us with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings, whether written or oral, concerning the subject matter hereof. Any conflicting or supplementary terms proposed by you in any e-mail or other communication shall not be binding on us, and are hereby objected to and expressly rejected.

SEVERABILITY

If any portion of these Terms of Use or the Privacy Policy is held invalid or unenforceable under applicable law, that portion shall be construed in a manner consistent with applicable law to accomplish, as nearly as possible, the objective thereof, or severed from the document if and solely to the limited extent such construction is not possible, and the remaining portion of these Terms of Use and the Privacy Policy shall remain in full force and effect.

CONTACT US

Contact Information:

Address: 7521 Dr. Phillips Blvd. Suite 50-163 Orlando FL 32835

Phone: 1-866-447-9266
E-mail: support@rx.com