RxPrice LLC Terms and Conditions


These Terms and Conditions (collectively, the "Terms") constitute a legal agreement between you and RxPrice, and its affiliates ("us," "our" or "we"). To use the RxPrice Service and the associated App, you must agree to these Terms. By using or receiving the RxPrice Service supplied to you by us and the medical (telehealth), dental or other health professionals participating in the RxPrice Service, and downloading, installing or using any associated application supplied by us to enable you to use the RxPrice Service (the "App"), you hereby expressly acknowledge and agree to be bound by these Terms, and any future amendments and additions to these Terms as published from time to time on this web site (the "Site") or through the RxPrice Service. These Terms include our Privacy Policy, which is incorporated herein by reference. We reserve the right to modify these Terms at any time, effective upon posting of an updated version of these Terms on the RxPrice Service or App. You are responsible for regularly reviewing these Terms. Continued use of the RxPrice Service or App after any such changes shall constitute your consent to such changes.

IMPORTANT: PLEASE READ:

WE DO NOT PROVIDE MEDICAL (TELEHEALTH), DENTAL, OR OTHER HEALTH-RELATED SERVICES AND WE DO NOT PROVIDE INSURANCE OF ANY TYPE. WE ONLY PROVIDE INFORMATION AND A METHOD OF DISCOUNTED PRESCRIPTIONS AND TRAVEL SAVINGS. WE DO NOT, AND DO NOT INTEND TO, PROVIDE ANY MEDICAL (TELEHEALTH), DENTAL OR OTHER HEALTH-RELATED SERVICES. AS SUCH, WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY PROVISION OR LACK OF PROVISION OF ANY SUCH SERVICES.

RxPrice Contact Information:

RxGiftCard, LLC 1515 Capital of Texas Highway, Suite 301
Austin, TX 78746

Phone Number: 1-800-RxPrice, 1-800-797-7423
E-mail:
support@RxPrice.com
Website:
 RxPrice.com

1. The RxPrice Service

1.1. VISITORS MEMBERS

You do not have to be a Member to view features available on the Site and through the RxPrice Service, but only Members can access and use the features and services of the RxPrice Service.  RxPrice may contact you by phone or email or text as needed. By becoming a Member you agree: (i) that you are eighteen (18) years or older, (ii) that you reside in the United States, in a state that permits the operation and offering of discount medical (or pharmacy) plans, (iii) to provide true, accurate, current and complete information about yourself as prompted by the registration form, and (iv) to maintain and properly update your account information to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that you have, or you intend to violate these Terms, as determined in our sole discretion, we have the right to suspend or terminate your membership and refuse any and all current or future use of the RxPrice Service and the App (or any portion thereof). A DESCRIPTION OF THE HEALTHCARE SERVICES AND DISCOUNTS EACH PROVIDER OFFERS RxPRICE MEMBERS AS WELL AS A LIST OF SPECIFIC PROVIDERS IN YOUR AREA THAT ARE PART OF OUR NETWORK CAN BE VIEWED AT WWW.RxPRICE.COM AND WILL BE UPDATED FROM TIME TO TIME.

1.2. HOW TO USE THE RxPRICE SERVICE AND APP

  • (a) RxPrices. The RxPrice Service gives you the ability to send and receive restricted digital gift cards to/from 3rd parties, including family and friends. These digital gift card products are only redeemable for payment of prescriptions at participating pharmacies.
  • (b) Network Provider Appointments. The RxPrice Service gives you the ability to make appointments with and to receive discounts and pay for Healthcare Services rendered by medical, dental and other health-related providers in the RxPrice Service network (collectively, "Providers"). You may access the Providers through the RxPrice Service and App. The RxPrice Service is only a directory and payment platform for Healthcare Services rendered by Providers. You may not make an appointment with a Provider without full activation on the Site, and, to be eligible for the Provider's discounted rates, you must present your RxPrice card or RxPrice ID number to the Provider before receiving any Healthcare Services. Any Healthcare Service you receive from a Provider shall be between you and the Provider, and we shall have no responsibility for such Healthcare Services. Also, we shall not be responsible for any inaccuracies, misrepresentations, misdiagnoses, treatment errors, or other acts or omissions of the Providers.
  • (c) Missed or Cancelled Appointments. In the event you miss or cancel your appointment with a Provider, you are solely responsible for any such Provider's fees associated with missed or canceled appointments.
  • (d) No Guarantee of Provider Availability or Service. We will in no way restrict you from accessing any Provider in the RxPrice Service network, including through imposing waiting or notification periods. However, we do not guarantee the availability of the Providers you choose. A Provider may choose to dis-enroll from, or not participate in, our network at any time or a Provider may not be available to take on new patients. Additionally, we do not guarantee that all Providers provide the Healthcare Services listed on the Site. Although we cannot guarantee that the Provider of your choice is available and can provide the desired Healthcare Services, we make commercially reasonable efforts to ensure that all Provider listings are as accurate as possible and will assist you in finding a Provider. Healthcare services not listed on the Site are not subject to a Provider's discounted rates.
  • (e) Limitations on Your Use of the RxPrice Service and App. The RxPrice Service and App are intended for your personal, non-commercial use by these Terms. You agree that you will not (i) copy, display or distribute any part of the Site or RxPrice Service, in any medium, without our prior written consent, or (ii) use the RxPrice Service in whole or part, or any benefit thereof, for any commercial purpose, including, but not limited to, selling, bartering, disposing or otherwise transferring any discounts obtained through the RxPrice Service or any Provider, in violation of these Terms or any of your Provider's terms and conditions without our express written permission or the express written permission of the applicable Provider, as the case may be. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Site, or to manipulate the Site or the RxPrice Service, or otherwise exceed the limited access granted to you by us. You will take no action to interfere with, interrupt, destroy, or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component.
  • (f) Charges to Your Account. To register for the RxPrice Service, you will be required to provide a valid payment mechanism, e.g., a credit or debit card number ("Account"). We will use your Account to charge you (i) the Provider's discounted fee for the Healthcare Service at the time the Provider renders the Healthcare Service, (ii) a fee for the use of the RxPrice Service, and (iii) credit card processing charges, if any (collectively, the "Fee"). By requesting Healthcare Services, you authorize us to place a preauthorized hold against funds in your Account (the "Preauthorization") when you check-in at the Provider's office. Once the Preauthorization is processed, you acknowledge and agree, by the terms and conditions applicable to your Account, that the funds subject to the hold will immediately be counted against any applicable credit limit and become unavailable to you for any other purposes. The amount of the Preauthorization may be any amount, including without limitation a fixed amount, an estimate of the Fee, or an estimate of the cost of some or all of the Healthcare Services you request. We make no guarantee, representation or warrant that the Fee you will owe and be required to pay will be the same as, more than or less than the amount of the Preauthorization. Without limiting the preceding sentence, you acknowledge and agree the Fee you will be required to pay may be more or less than the amount of the Preauthorization. If the Preauthorization is rejected, you will be responsible for the immediate modification of your Account to allow for a hold to be placed on your Account before receiving Healthcare Services. You can complete this modification on the Site or by calling us at (800) 649-1617. Upon completion of the Healthcare Services provided by your Provider, your Account will be charged the Fee. RxPrice intends to charge your Account at the time a Provider renders the Healthcare Services. In no event will we charge your Account for undisputed amounts more than thirty (30) days after a Provider renders the Healthcare Services.
  • (g) Insufficient Funds in Your Account. You hereby authorize us, if the funds in your Account are insufficient to pay a Fee that has become due, to charge your Account the Fee or any portion of the Fee that we determine in our sole discretion, including without limitation: (i) the funds available; or (ii) the Preauthorization amount. You agree that we will attempt to debit your account any unpaid Fee amount due or a portion thereof, which we may determine in our sole discretion, up to 3 times within the 30 days following our being notified that funds in your Account are insufficient to pay a Fee you owe. You acknowledge and agree that you will be held responsible for and, we will pursue, by applicable state and federal laws, any Fee amount remaining unpaid after our attempts to debit your Account. If any portion of your Fee remains unpaid more than 30 days after becoming due under this Agreement, you expressly at this moment agree that we reserve the right to debit your account until we are paid in full for any outstanding Fee. In addition to any efforts to debit your account or otherwise to collect unpaid Fees described in this section and without limiting any other right we have to cancel your account, you agree that we may cancel your account due to unpaid Fees. On a case-by-case basis, we may undertake good faith efforts in our sole discretion to agree with you on a payment plan whereby unpaid Fees will be paid. We reserve the right to refer any Fee amount owed and unpaid for more than 60 days to a collection agent or otherwise to take legal action to protect our interests in or collect any unpaid fees.
  • You understand if you have an unpaid balance and do not make satisfactory payment arrangements, your Account may be placed with an external collection agency. You will be responsible for reimbursement of any Fees from the collection agency, including all costs and expenses incurred collecting your account, and possibly including reasonable attorney’s fees if so incurred during collection efforts.
  • In order for us or our designated external collection agency to service your Account, and where not prohibited by applicable law, you agree that we and the designated external collection agency are authorized to (i) contact you by telephone at the telephone number(s) you are providing, including wireless telephone numbers, which could result in charged to you, (ii) contact you by sending text messages (message and data rates may apply) or emails, using an email address you provide (iii) methods of contact may include using prerecorded/artificial voice message and/or use of an automatic dialing device, as applicable.
  • (h) Changes to Your Account Information. YOU MUST PROMPTLY NOTIFY US IF YOUR ACCOUNT IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. SUCH CHANGES TO YOUR ACCOUNT INFORMATION CAN BE MADE AT THE RXPRICE CUSTOMER SERVICE SECTION OF THE SITE. IF YOU FAIL TO PROVIDE US WITH ANY OF THE preceding INFORMATION, YOU MAY NOT HAVE ACCESS TO THE RXPRICE SERVICE. The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer, or another provider of your chosen payment method. If we do not receive payment from your financial institution, credit card issuer, or other providers of your chosen payment method, you agree that we may invoice you and you agree to pay all undisputed amounts due on your Account upon demand.
  • (i) Dispute of Charges. You are responsible for validating that the Provider billed us appropriately. Should a dispute arise regarding any charged amounts, you must contact us within thirty (30) days of discovering the issue. Notice of disputed charges may be submitted to us in writing at the following address: 1515 Capital of Texas Highway Suite 301, Austin TX 78746 or on the Site at www.RxPrice.com, Contact Us, where you may send an e-mail to RxPrice at support@RxPrice.com. You may also call us regarding disputed charges at 1-800-RxPrice 1-800-797-7423 We will investigate and determine the appropriate solution. All disputed charges that cannot be appropriately resolved will be governed by the dispute resolution provisions outlined in Section 13 of these Terms.
  • (j) Procedure to File Complaints. If you have a complaint regarding the RxPrice Service, the App, or any other service received by us (other than disputed charges which are governed by Section 1(h) above), you may submit a complaint to us in writing at the following address: 1515 Capital of Texas Highway Suite 301, Austin TX or on the Site at www.RxPrice.com, Contact Us, where you may send an e-mail to RxPrice at support@RxPrice.com or by calling RxPrice. Members and Providers may call (800)-797-7423. We will investigate and determine the appropriate solution. All disputes that cannot be appropriately resolved will be governed by the dispute resolution provisions outlined in Section 13 of these Terms.
  • (k) Privacy. You acknowledge that we may share information you provide to us and that we collect on our Site and through the RxPrice Service and App with our vendor responsible for administering the RxPrice Service ("Network Vendor"). All sharing of information with our Network Vendor shall comply with our Privacy Policy.
  • (l) Disclosure of Information to Other Account Members. By agreeing to these Terms of Service, you are acknowledging that we may, in the exercise of our professional judgment, our experience with common practice, and as described further below, make information about your care available to other RxPrice Members who share a RxPrice account with you. Because RxPrice allows Members to add their family members as Dependents to one RxPrice account, it may become necessary for RxPrice to send care-related information of a RxPrice Member to the RxPrice originating Member who is responsible for and listed on the RxPrice account. This disclosure may include information related to health care treatment. If you do not want RxPrice to disclose this information to another RxPrice Member sharing your account, you may request a restriction. The request must be in writing and sent to support@RxPrice.com. The request must specify the type of information that you do not want to be shared as well as the specific RxPrice Member that you do not want to receive your information. By agreeing to these Terms of Service, you acknowledge that, while RxPrice will use reasonable efforts to comply with your request, there may be circumstances in which RxPrice is unable to comply with your request. Additionally, if you do not notify RxPrice of your request, RxPrice will act on its professional judgment and experience and use and disclose your information in good faith and consistent with common practice. You, at this moment, agree to hold RxPrice harmless for any losses or injury that arise, directly or indirectly, from RxPrice's sharing of your information with other RxPrice Members that share your account.
  • (m) Dependent. You acknowledge that you will add only dependents to your RxPrice Account for whom you have the legal right to do so, including but not limited to: a) any individual who is covered by any health insurance of which You are the primary policyholder; or b) any individual who can be claimed as a dependent for federal or state income tax purposes.

2. Duration of Membership; Cancellation Rights

ONCE YOU BECOME A MEMBER, YOU ARE ELIGIBLE TO ACCESS THE RXPRICE SERVICES OR APP UNTIL YOU ELECT NOT TO DO SO OR UNTIL YOUR ACCESS IS TERMINATED by THESE TERMS. YOU HAVE THE RIGHT TO DISCONTINUE USE OF THE RXPRICE SERVICES OR APP AT ANY TIME AND FOR ANY REASON AT NO PENALTY TO YOU; PROVIDED, HOWEVER, THAT YOU ARE LIABLE FOR ANY OUTSTANDING BALANCE OWED TO US OR ANY PROVIDER FOR YOUR USE OF THE RXPRICE SERVICES OR THE APP, OR YOUR RECEIPT OF HEALTHCARE SERVICES, PRIOR TO THE DISCONTINUANCE, FOR MEMBERS IN THE STATE OF UTAH: Transaction fees due to RxPrice for healthcare services rendered within the first 30 days of membership will not exceed $25 provided membership is cancelled within the same timeframe.

3. License Grant, Restrictions and Copyright Policy

3.1. LICENSES GRANTED BY US TO OUR CONTENT AND USER CONTENT

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license: (i) to view, download and print any text, graphics, images, audio, video, information or other materials (collectively, "Content") that we make available through the RxPrice Service or App, including any Content licensed from a third party, but excluding User Content ("Our Content") solely for your personal and non-commercial purposes; and (ii) to view any Content that a visitor or Member ("User") posts, uploads, publishes, submits or transmits for public dissemination and to be made available through the RxPrice Service or App ("User Content") to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the RxPrice Service or App, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms.

3.2. APP LICENSE

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to download and install a copy of the App on any mobile device or computer that you own or control and to run such copy of the App solely for your personal use. With regard to any App accessed through or downloaded from the Apple App Store ("App Store Sourced App"), you will use the App Store Sourced App only: (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of RxPrice Service. We reserve all rights in and to the App not expressly granted to you under these Terms. The following applies to any App Store Sourced App:

  • You acknowledge and agree that (i) these Terms are between you and us only, and not Apple, and (ii) we, not Apple, are solely responsible for the App Store Sourced App and content thereof. Your use of the App Store Sourced App must comply with the App Store Terms of RxPrice Service.
  • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support for RxPrice Services concerning the App Store Sourced App.
  • In the event of any failure of the App Store Sourced App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced App to you and the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced App. As between Apple and us, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of us.
  • As between Apple and us, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced App or your possession and use of the App Store Sourced App, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that the App Store Sourced App or your possession and use of that App Store Sourced App infringes that third party's intellectual property rights, as between Apple and us, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  • Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced App, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced App against you as a third-party beneficiary thereof.
  • Without limiting any other provision of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced App.

3.3. PROHIBITIONS

By downloading and using the App, you shall not:

  • (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the RxPrice Service or the App in any way;
  • (b) modify or make derivative works based upon the RxPrice Service or the App;
  • (c) create Internet "links" to the RxPrice Service or "frame" or "mirror" any App on any other server or wireless or Internet-based device;
  • (d) reverse engineer or access the App in order to (i) build a competitive product or RxPrice Service, (ii) build a product using similar ideas, features, functions or graphics of the RxPrice Service or App, or (iii) copy any ideas, features, functions or graphics of the RxPrice Service or App; or
  • (e) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the RxPrice Service or App;
  • (f) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
  • (g) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
  • (h) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
  • (i) interfere with or disrupt the integrity or performance of the App or RxPrice Service or the data contained

therein; or

  • (j) attempt to gain unauthorized access to the App or RxPrice Service or its related systems or networks.

We will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the RxPrice Service, App or Content or to review or edit any Content, but have the right to do so for the purpose of (i) operating the RxPrice Service and App, (ii) to ensure your compliance with these Terms, or (iii) to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content that we, at our sole discretion, consider violating these Terms or otherwise harmful to the RxPrice Service or App.

3.4. COPYRIGHT POLICY

We respect copyright law and expect you to do the same. It is our policy to terminate in appropriate circumstances Users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders or otherwise violate these Terms.

4. Representations and Warranties

By using the App or RxPrice Service, you expressly represent and warrant that you are legally entitled to agree to these Terms. If you reside in a jurisdiction that restricts the use of the RxPrice Service because of age or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits, and you must not use the App or RxPrice Service. Without limiting the preceding, the RxPrice Service and App is not available to children (persons under the age of 18). By using the App or RxPrice Service, you represent and warrant that you (a) are at least 18 years old, and (b) have the right, authority and capacity to enter into these Terms and to abide by the terms and conditions of these Terms. Your participation in using the RxPrice Service and App is for your sole, personal use. You may not authorize others to use the App or RxPrice Service under your account, and you may not assign or otherwise transfer your user account to any other person or entity. When using the App or RxPrice Service, you agree to comply with all applicable laws of the country, state, and city in which you are domiciled and are present while using the App or RxPrice Service. You may only access and use the RxPrice Service according to authorized means. It is your responsibility to ensure you download the correct app for your device. We are not liable if you do not have a compatible device or if you have downloaded the wrong version of the App. By using the App or the RxPrice Service, you agree that:

  • You will only use the RxPrice Service or App for lawful purposes.
  • You will not impair the proper operation of the network.
  • You will not try to harm us, any other User, or the RxPrice Service or App in any way.
  • You will not copy or distribute the App or other content without our written permission.
  • You will only use the App and RxPrice Service for your personal use and will not resell it to a third party.
  • You will keep secure and confidential your account password or any identification we provide you which allows access to the RxPrice Service.
  • You will provide us with proof of identity as we may reasonably request from time to time.
  • You may receive communications from our vendor or us via SMS messaging, and standard messaging charges will apply.

5. Intellectual Property Ownership

As between you and us, we (and our licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the App and the RxPrice Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the App or the RxPrice Service. These Terms do not convey to you any rights of ownership in or related to the App or the RxPrice Service, or any intellectual property rights owned by us. Our name, logo, and names associated with the App and RxPrice Service are our trademarks or those of our licensors, and no right or license is granted to use them except as otherwise specifically outlined in these Terms.

6. Indemnification

By using the App or RxPrice Service, you shall defend, indemnify and hold us, the Providers and our licensors, and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of, in connection with, or related to: (a) your violation or breach of these Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party; or (c) your use or misuse of the App or RxPrice Service.

7. Disclaimer of Warranties

WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE RXPRICE SERVICE, APP OR ANY HEALTHCARE SERVICE YOU MAY RECEIVE FROM A PROVIDER. WE DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE RXPRICE SERVICE OR APP WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APP, SYSTEM OR DATA, (B) THE RXPRICE SERVICE, APP, HEALTHCARE SERVICE OR PROVIDER WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) ERRORS OR DEFECTS IN THE RXPRICE SERVICE OR APP WILL BE CORRECTED, OR (F) THE RXPRICE SERVICE OR THE SERVER(S) THAT MAKE THE RXPRICE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE RXPRICE SERVICE AND APP are PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE at this moment DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY US. WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY RXPRICE SERVICES, PRODUCTS OR GOODS OBTAINED BY PROVIDERS THROUGH THE USE OF THE RXPRICE SERVICE OR APP. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APP AND RXPRICE SERVICE, AND ANY HEALTHCARE SERVICES RENDERED BY ANY PROVIDERS REMAIN SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

8. Internet Delays

THE RXPRICE SERVICE AND APP MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

9. Limitation of Liability

IN NO EVENT SHALL WE AND/OR OUR LICENSORS OR PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). WE AND/OR OUR LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE RXPRICE SERVICE, APP OR HEALTHCARE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE RXPRICE SERVICE OR APP, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY PROVIDER'S HEALTHCARE SERVICE, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY PROVIDER WHO IS REFERRED BY THE RXPRICE SERVICE OR APP, EVEN IF WE AND/OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.ALTHOUGH WE MAY INTRODUCE OR PROVIDE YOU ACCESS TO PROVIDERS FOR THE PURPOSES OF PROVIDING HEALTHCARE SERVICES, WE WILL NOT AND ASSUME NO RESPONSIBILITY TO ASSESS THE SUITABILITY OR ABILITY OF SUCH PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE US FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE HEALTHCARE SERVICES RENDERED OR NOT RENDERED BY PROVIDERS. WE WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING HEALTHCARE SERVICES PROVIDED BY PROVIDERS RESTS SOLELY WITH YOU. IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: "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."

10. Notices

We may give notice using a general notice on the RxPrice Service, App, electronic mail to your email address on record in our account information, or by written communication sent by first-class mail or pre-paid post to your address on record in our account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to us at the address provided above, Attention: Customer Care, RxPrice.

11. Assignment

These Terms and your membership to the RxPrice Service may not be assigned by you without our prior written approval but may be assigned without your consent by us to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment by you in violation of this Section shall be void.

12. Export Control

You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related to it nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App Store Sourced App, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or the U.S. Government has designated that as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

13. Dispute Resolution

13.1 IN GENERAL

Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the RxPrice Service or App (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you are waiving the right to a trial by jury and participating as a plaintiff or class member in any purported class action or representative proceeding. Further, unless otherwise agreed in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this Section 13 will be deemed void. Except as provided in the preceding sentence, this Section 13 will survive any termination of these Terms.

13.2 ARBITRATION RULES AND GOVERNING LAW.

The arbitration will be administered by the American Arbitration Association ("AAA") by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the "AAA Rules") then in effect, except as modified as outlined in Section 13.6 below. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

13.3 ARBITRATION LOCATION AND PROCEDURE.

Unless otherwise agreed, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely based on documents you and we submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

13.4 ARBITRATOR'S DECISION

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of Section 9 "Limitation of Liability" as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's claim. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. We will not seek, and at this moment waive all rights we may have under applicable law to recover, attorneys' fees and expenses if we prevail in arbitration.

13.5 ARBITRATION FEES.

Your responsibility to pay any AAA filing, administrative, and arbitrator fees as outlined in the AAA Rules. However, if your claim for damages does not exceed $75,000, we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

13.6 CHANGES TO DISPUTE RESOLUTION PROVISIONS

Notwithstanding anything to the contrary in these Terms, if we make any changes to the dispute resolution process set forth in this Section 13 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@RxPrice.com) within thirty (30) days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of our email to you notifying you of such change. By rejecting any change, you agree that you will arbitrate any Dispute between you and us by the provisions of this Section 13 as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

14. Miscellaneous

No joint venture, partnership, employment, or agency relationship exists between you, us, or any Provider as a result of these Terms or your use of the RxPrice Service or App. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent under law. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. These Terms comprise the entire agreement between you and us and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, whether written or oral, between you and us regarding the subject matter contained herein.

NOTE TO ILLINOIS CONSUMERS

These plans, although they are not insurance, are regulated by the Illinois Department of Insurance. You have the right to contact them regarding any complaint. We will provide contact information for the Illinois Department of Insurance upon request. You may make your request by email at support@RxPrice.com or by calling us at 800-797-7423

NOTE TO LOUISIANA CONSUMERS

  • 1. In the event you cancel your use of the RxPrice Services and/or the App within the first thirty (30) calendar days of use, we will refund to you all fees, dues, charges, or other financial consideration, except a nominal fee not to exceed $30, associated with the use of the RxPrice Services and/or the App. The 30 day period begins on the day after you enrolled in RxPrice Services and the App or the day after you paid any fees, dues, charges or other financial consideration, whichever is later.
  • 2. The date of cancellation will be postage date of any notice appropriately mailed to us, or the email date of any notice emailed to us.
  • 3. We will return any fees, dues, charges, or other financial consideration charged or collected after you have notified us of your request to cancel.
  • 4. If we cancel your use of the RxPrice Services and the App for any reason other than your failure to pay for such services, we will make a pro-rata refund to you for all fees, dues, charges, or other financial consideration within thirty (30) calendar days following the date of cancellation.
  • 5. If, after following the Dispute Resolution process of this Member Agreement, you are not satisfied with the outcome of your dispute, you may contact the Louisiana Department of Insurance.

NOTE: IF YOU ARE DOMICILED IN MARYLAND PLEASE REFER TO THE FOLLOWING PAGES FOR ADDITIONAL TERMS AND CONDITIONS FOR YOUR STATE.

MARYLAND REGULATORY ADDENDUM

  • 1. In the event you cancel your use of the RxPrice Services and/or the App within the first thirty (30) calendar days of use, we will refund to you all fees, dues, charges, or other financial consideration, except a nominal fee, not to exceed any fees, dues, charges, or other financial consideration you have already paid, associated with the use of the RxPrice Services and/or the App.
  • 2. If we cancel your use of the RxPrice Services and the App for any reason other than your failure to pay for such services, we will make a pro-rata refund to you for all fees, dues, charges, or other financial consideration within thirty (30) calendar days following the date of cancellation.

NOTE TO OREGON CONSUMERS

In the event you cancel your use of the RxPrice Services and/or the App within the first thirty (30) calendar days of use, we will refund to you all fees, dues, charges, or other financial consideration, except a nominal payment not to exceed $30, associated with the use of the RxPrice Services and/or the App. The 30 day period begins on the day after you enrolled in RxPrice Services and the App or the day after you paid any fees, dues, charges or other financial consideration, whichever is later.

NOTE TO RHODE ISLAND CONSUMERS

These plans, although they are not insurance, are regulated by the Office of the Health Insurance Commissioner ("OHIC"), 1151 Pontiac Avenue, Building 69-1, Cranston, RI 02920; for consumer complaints contact OHIC's consumer assistance partner RIReach at 855-747-3224 toll-free) or rireach.org.


RxGiftCard, LLC
1515 Capital of Texas Highway, Suite 301
Austin, TX 78746

Phone Number: 1-800-RxPrice, 1-800-797-7423
E-mail:
support@RxPrice.com
Website:
 RxPrice.com

 

Estos Términos y Condiciones (colectivamente, los "Términos") constituyen un acuerdo legal entre usted y RxPrice, y sus afiliados ("nosotros", "nuestro" o "nosotros"). Para utilizar el Servicio RxPrice y la Aplicación asociada, debe aceptar estos Términos. Al usar o recibir el Servicio RxPrice que le proporcionamos nosotros y los profesionales médicos (telehealth), dentales u otros profesionales de la salud que participan en el Servicio RxPrice, y descargar, instalar o utilizar cualquier aplicación asociada que le hayamos proporcionado para permitirle utilizar el Servicio RxPrice (la "App"), usted reconoce y acepta expresamente estar obligado por estos Términos, y cualquier modificación y adición futura a estos Términos según se publique de vez en cuando en este sitio web (el "Sitio") o a través del servicio de RxPrice. Estos Términos incluyen nuestra Política de Privacidad, que se incorpora aquí por referencia. Nos reservamos el derecho de modificar estos Términos en cualquier momento, con efecto en el momento de la publicación de una versión actualizada de estos Términos en el Servicio RxPrice o la Aplicación. Usted es responsable de revisar regularmente estos Términos. El uso continuado del Servicio RxPrice o de la Aplicación después de dichos cambios constituirá su consentimiento para dichos cambios.


IMPORTANTE: POR FAVOR LEA:
NO PROPORCIONAMOS SERVICIOS MEDICALES (TELEHEALTH), DENTALES U OTROS SERVICIOS RELACIONADOS CON LA SALUD Y NO PROPORCIONAMOS SEGURO DE NINGUNA TIPO. SOLO PROPORCIONAMOS INFORMACIÓN Y UN MÉTODO DE PRESCRIPCIONES DESCUENTOS Y AHORROS DE VIAJE. NO PROPORCIONAMOS, Y NO TENEMOS LA INTENCIÓN DE, PROPORCIONAR NINGÚN SERVICIO MÉDICO (TELEHEALTH), DENTAL U OTROS SERVICIOS RELACIONADOS CON LA SALUD. COMO TAL, NO TENEMOS NINGUNA RESPONSABILIDAD POR NINGUNA PROVISIÓN O FALTA DE PRESTACIÓN DE DICHOS SERVICIOS.
Información de contacto de RxPrice:


RxGiftCard, LLC 1515 Capital of Texas Highway, Suite 301

Austin, TX 78746


Número de teléfono: 1-800-RxPrice

E-mail: support-RxPrice.com

Sitio web: RxPrice.com


1. El servicio RxPrice


1.1. MIEMBROS DE VISITANTES


No tiene que ser miembro para ver las características disponibles en el Sitio y a través del Servicio RxPrice, pero solo los Miembros pueden acceder y utilizar las características y servicios del Servicio RxPrice. RxPrice puede ponerse en contacto con usted por teléfono o correo electrónico o texto según sea necesario. Al convertirse en Miembro usted acepta: (i) que tiene dieciocho (18) años o más, (ii) que reside en los Estados Unidos, en un estado que permite la operación y la oferta de planes médicos (o farmacias) de descuento, (iii) proporcionar información verdadera, precisa, actual y completa sobre usted según lo indique el formulario de registro, y (iv) mantener y actualizar adecuadamente la información de su cuenta para mantenerla verdadera, precisa, actual y completa. Si usted proporciona información que es falsa, inexacta, no actual o incompleta, o tenemos motivos razonables para sospechar que tiene, o tiene la intención de violar estos Términos, según lo determinemos a nuestra entera discreción, tenemos el derecho de suspender o terminar su y rechazar cualquier uso actual o futuro del Servicio RxPrice y la Aplicación (o cualquier parte del mismo).

UNA DESCRIPCIÓN DE LOS SERVICIOS Y DESCUENTOS DE SALUD CADA PROVEEDOR OFRECE A LOS MIEMBROS DE RxPRICE COMO UNA LISTA DE PROVEEDORES ESPECÍFICOS EN SU ZONA QUE SON PARTE DE NUESTRA RED PUEDE SER VISTA EN WWW.RxPRICE.COM Y SE ACTUALIZA DE TIEMPO A TIEMPO.