Partner Terms and Conditions
LATEST REVISION
March 31, 2023
These terms and conditions of use ("Terms") govern your use of our online interfaces and properties (e.g websites, mobile applications, portals) owned and controlled by CirrusMD Inc. its affiliates or subsidiaries ("CirrusMD"), including, but not limited to the www.cirrusmd.com website ("Site") or the CirrusMD technology services available to you through any Site or any other websites which are not owned and controlled by CirrusMD. (collectively "Services").
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL "911" IMMEDIATELY.
Your compliance with the Terms is a condition to your use of the Site and Services. These Terms are a legally binding contract. Please be aware that these terms include limitations of liability and indemnification obligations.
If you do not agree to be bound by the Terms promptly exit this Site and do not use any Services. Please also consult our Privacy Policy, which is expressly incorporated into these Terms, for a description of our privacy practices and policies, including how we collect and handle your personal health information and financial information.
BY USING THE CIRRUSMD SITE AND/OR SERVICES YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS; (B) REPRESENT THAT YOU ARE 18 YEARS OR OLDER; AND (C) ACCEPT AND AGREE YOU ARE LEGALLY BOUND BY THE TERMS.
CirrusMD does not provide any physicians' or providers' services itself. All of the providers are independent of CirrusMD and use the Services as a way to communicate or interact with you. Any information or advice received from a provider comes from them alone, and not from CirrusMD. Your interactions with the providers via the Service are not intended to take the place of your relationship with your regular health care practitioners. Neither CirrusMD, nor any of its subsidiaries or affiliates or any third party who may promote the Services or provide a link to the Services, shall be liable for any professional advice obtained from a health care provider via the Services or for any other information obtained on the Site. CirrusMD does not endorse any specific tests, physicians, medications, products or procedures that are recommended by providers that may use CirrusMD to communicate with you. You acknowledge that your reliance of any health care providers or information provided by the providers via the Services is solely at your own risk and you assume full responsibility for all risk associated herewith.
CirrusMD does not make any representations or warranties about the training or skill of any healthcare providers who provide services via the Services. You will be provided with a list of available providers located in the U.S. based solely on the information you, your employer, your plan sponsor, or other entity you are affiliated with provides to CirrusMD. You are ultimately responsible for choosing your particular health care provider.
1. License
Subject to your compliance with the Terms and your payment of applicable fees, CirrusMD or its content providers grant you a limited, personal, non-exclusive, non-transferable, non-sub-licensable, revocable license to access and make personal and non-commercial use of the CirrusMD Services. This license does not include any resale or commercial use of any CirrusMD Services, or its contents; any collection and use of any service listings, descriptions, or prices; any derivative use of any of the CirrusMD Services or their contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering or extraction tools. All rights not expressly granted to you in the Terms are reserved and retained by CirrusMD or its licensors, suppliers, publishers, rights holders or other content providers. Your right to use CirrusMD Services is limited by the restrictions set forth in the Terms.
The Site and CirrusMD Services, nor any part of the Site or Services cannot be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without prior express written consent of CirrusMD. You may not remove, alter, obscure, frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CirrusMD without CirrusMD's prior express written consent. You may not use any meta tags or any other “hidden text” utilizing CirrusMD’s name or trademarks without the express prior written consent of CirrusMD. You may use the CirrusMD Services only as permitted by applicable law. You may not use the Site or CirrusMD Services in any manner threatens the integrity, performance, or availability of the Site or the CirrusMD Services, in any way other or for any purposes other than their intended uses, or otherwise misuse the Site or CirrusMD Services. You may not combine the Site or any of the CirrusMD Services, in whole or part, with, or incorporate the Site or Services, or any part thereof, in any other programs. You may not use the CirrusMD Services or Site for purposes of competitive analysis, the development of a competing product, service, mobile application, platform, or website or for any other purpose that is to CirrusMD's commercial disadvantage.
The licenses granted by CirrusMD terminate if you do not comply with any provision of the Terms.
2. Medical Advice or Services
Independent physician-owned medical groups with a national network of United States based providers who provide clinical services remotely (collectively "Group") provide the clinical services that are part of the CirrusMD Services. The Group provides clinical services via the CirrusMD platform to customers of CirrusMD. You agree and acknowledge that CirrusMD Services are not meant for use in medical emergencies.
IF YOU ARE BELIEVE YOU MAY BE EXPERIENCING A MEDICAL EMERGENCY, DIAL "911" IMMEDIATELY AND DO NOT ATTEMPT
TO SIGN INTO CIRRUSMD.
The content of the site and the services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by CirrusMD or in connection with any communications supported by CirrusMD is intended to be for general informational purposes only, and is in no way intended to create a physician-patient relationship as defined by state or federal law. The site and services are not a substitute for professional medical diagnosis or treatment. Reliance on any information appearing on the site, whether provided by CirrusMD, its content providers, medical experts, clients, visitors to the site or others, is solely at your own risk. While CirrusMD facilitates your selection of, communications with and other interactions with physicians, CirrusMD does not provide medical services and the doctor-patient relationship is between you and the healthcare provider you select. All healthcare providers identified or accessible on the site or through the services ("providers") are independent providers and are not employed by or affiliated with CirrusMD, its affiliates or subsidiaries.
3. User Information
If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to CirrusMD, the Site or through the Services ("User Information"), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful or that could encourage criminal or unethical behavior; (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity; or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to CirrusMD and Providers that you have the legal right and authorization to provide all User Information to CirrusMD and Providers for use as required by CirrusMD and/or Providers. You further represent and warrant that the User Information you provide to CirrusMD and/or Providers is accurate, truthful, and complete. You agree that you will keep your account information and email address current and up-to-date.
4. Account Information, Access, Security, and Passwords
If you create an account for the CirrusMD Services, you agree to complete the registration process by providing current, complete, and accurate information as required by CirrusMD. You are responsible for all activities that occur under your account. If access to the Site, the Services, or a portion thereof is limited requiring a user ID and password ("Protected Areas"), you agree to access Protected Areas using only your user ID and password. You are responsible for maintaining the confidentiality of your user ID and password and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site or the CirrusMD Services may be revoked by CirrusMD at any time with or without cause. for all activities that occur under your account and password. If unauthorized use of your user ID or password occurs or you are aware of any other security concerns/potential breaches of data security or your account, you must notify CirrusMD immediately at [email protected].
If you are under 18, you may use the CirrusMD Services only with the involvement of a parent or guardian. If you create an account or use the Site or Services on behalf of any other individual including, but not limited to, persons under 18 years old or disabled individuals (collectively "Incapacitated Individuals"), you represent and warrant that you have the legal authority to do so on behalf of such Incapacitated Individual and that you have the right to contract on the Incapacitated Individual's behalf, without obtaining the consent or approval of any other party including, but not limited to, any court or government agency. To the extent applicable law requires that you obtain the consent of such Incapacitated Individual to bind them to the Terms, you represent and warrant that you have such consent.
You are prohibited from violating or attempting to violate the security of the Site or any of the CirrusMD Services including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site or the Services, deep-link to any feature or content on the Site or the Services, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site or the Services.
Violations of system or network security may result in civil or criminal liability. CirrusMD will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting you and/or other users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or Services or any activity being conducted on this Site or Services.
5. Electronic Communications
When you use any CirrusMD Service, or send e-mails, text messages, and other communications from your desktop or mobile device to CirrusMD or Providers, you are communicating with CirrusMD or Providers electronically. You consent to receive communications from CirrusMD and Providers electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that CirrusMD or Providers provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. You hereby grant CirrusMD and Providers permission to communicate with you using any contact information provided in your account or User Information including, but not limited to, the email address(s) contained therein.
6. Opting Out of Certain Emails and Text messages
When you register, subscribe, create an account, sign up to receive offers or emails from us, or otherwise communicate with us through our Service, you may “opt out” of receiving future communications from us for direct marketing purposes by indicating that you decline such communications. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or contacting us at [email protected].
By providing your mobile number to us, you agree to be contacted by or on behalf of CirrusMD at the mobile number you have provided, including via phone call or text message, to receive transactional communications relating to the Service (such as to update on status, timing, and scheduling relating to the use of the Service), and you recognize and acknowledge that text messaging is an inherently less secure of a method of communication and agree to receive text messages regardless of the level of security associated with them. Message and data rates may apply. Frequency of text messaging may vary. For help regarding the communications we exchange with you using your phone number, contact us directly.
Consent to receive marketing text messages, which are subject to separate consent terms, are not a condition of purchasing any of CirrusMD's goods and services, and you are free to opt-out at any time to marketing text messages- if you would like to stop receiving marketing text messages, you may text the word STOP in reply to any text. Note that we may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the Service that most recently sent you a message or respond to your STOP message by texting you a request to identify the Service(s) you wish to stop. Keep in mind that if you stop receiving marketing text messages from us, you may not receive important and helpful information and reminders.
7. Accuracy and Integrity of Information
Although CirrusMD attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site or any content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. If an inaccuracy arises, please inform CirrusMD so that it can be corrected. Information contained in the Site may be changed or updated without notice. Additionally, CirrusMD shall have no responsibility or liability for information or content posted to the Site from any non-CirrusMD affiliated third party.
8. Links to Other Sites
CirrusMD makes no representations whatsoever about any other website that you may access through this Site. When you access a non-CirrusMD website or service, please understand that it is independent from CirrusMD, and that CirrusMD has no control over the content on that website. Additionally, a link to a non- CirrusMD website does not mean that CirrusMD endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for you use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any third party sites linked to this Site, you do so entirely at your own risk.
9. High Speed Data Connectivity
CirrusMD Services require access to a high speed data network, either by cellular network, wireless or landline - depending on your device. It is up to you to ensure that you have a sufficiently fast data connection, particularly for video chat sessions. If you do not have access to a high quality data connection, please move to a different location that does before attempting to use CirrusMD Services. It is your responsibility to ensure you have sufficient network data capacity before launching any CirrusMD Services. CirrusMD is not responsible for internet network coverage.
10. System Requirements
For Mobile User
- An iOS device (iPhone 5s/iPad 4th generation) with the latest operating system updated (iOS 9+) and the native CirrusMD (or white-labeled) iOS app installed
- An Android device (less than 2 years old) with at least KitKat (4.4.4) and the native CirrusMD (or white-labeled) Android app installed
For Computer User
- A modern desktop or laptop computer (ideally less than 3 years old)
- Operating System: PC-Windows 7+, Apple-OSX 10.6)
- Web Browser: Google Chrome and Firefox are preferred web browsers because they update automatically (Safari and Internet Explorer 11 are not completely
compatible with CirrusMD’s video chat technology - High speed internet connection of at least 3.0 Mbps Download / 1.0 Mbps Upload speeds for optimal use
- Webcam (most modern computers have a webcam built int
- Microphone (most computers and webcams have a microphone built in)
11. Intellectual Property
With the exception of the limited license explicitly granted to you in these Terms, you understand and agree that you obtain no ownership or other rights in and to the Site, Services, or any improvements or suggestions you make regarding the Site, Services, or any software, application, program or process used by CirrusMD or Providers. All pages within the Site, any material made available for download, all parts of the Site and/or the CirrusMD Services and each component thereof is are the property of CirrusMD, or its licensors or suppliers as applicable. The Site and the CirrusMD Services are protected by United States and international copyright and trademark laws and some components thereof may be protected by United States and international patent laws. You cannot use, reproduce, copy, reverse engineer, disassemble, decompile, decode, or otherwise attempt to gain access to the source code of the Site the CirrusMD Services or any part thereof, redistribute CirrusMD's logos, content or designs, or use (including making copies of) the Site or any of the CirrusMD Services or components thereof beyond the scope of the license granted in the Terms without prior written permission from CirrusMD. You will not attempt to gain unauthorized access to the CirrusMD's systems, and you will not modify or attempt to modify the same for any purpose whatsoever.
12. No Warranty
To the fullest extent permissible under law, CirrusMD, its affiliates, subsidiaries and each of their respective managers, officers, directors, members, employees, affiliates, advisers, shareholders, contractors, agents, and representatives (collectively " CirrusMD parties") do not warrant that access to or use of the site or CirrusMD services will be uninterrupted or error-free or that defects in the site will be corrected. The site and CirrusMD services., including any content or information therein, are provided on an “as is,” “as available” and “with all faults” basis. The CirrusMD parties disclaim all representations and warranties of any kind, expressed or implied, statutory or otherwise, including, but not limited to, the implied warranties of fitness for a particular purpose, title/non-infringement, quality of information, quiet enjoyment, merchantability and freedom from errors, worms, trojan horses, bugs, viruses or other destructive programming. The CirrusMD parties do not warrant the accuracy, completeness or timeliness of any information obtained through the site or the CirrusMD services.
You assume total responsibility for your use of and access to the site, CirrusMD services, and all information, products or services contained therein, including any linked websites and any use or access to the foregoing is at your sole risk. You are responsible for implementing procedures sufficient to satisfy your needs for data back up and security.
Reliance on any information or advice offered by any provider through the CirrusMD services is at your exclusive discretion, and you assume all risk for the results or outcome of any resulting course of action. None of the CirrusMD parties monitors any interactions between you and providers. Furthermore, the CirrusMD parties make no warranty as to suitability of the CirrusMD services or any information, recommendations or advice given by providers.
13. Limited Liability
Except as expressly provided herein, in no event shall the CirrusMD parties’ aggregate liability for all claims of any kind, including any claims arising out of or related to these terms or your use, or inability to use, the site or CirrusMD services, whether by statute, contract, tort, or under any other theory of liability, exceed (i) the fees paid by you for the services hereunder during the twelve (12) month period immediately preceding the date on which the cause of action arose, or (ii) if you have not paid any fees for use of the CirrusMD services, an amount equal to $5.00 per month for every month you were receiving the CirrusMD services during the twelve (12) month period immediately preceding the date on which the cause of action arose.
To the maximum extent permitted by applicable law, in no event shall any of the CirrusMD parties, or their respective licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill use, or data or other intangible losses, arising out, related to or connected with the CirrusMD services or the site.
14. Indemnity
You will indemnify, defend, and hold the CirrusMD Parties, harmless from and against any third party claims damages, liability, and expenses (including reasonable attorneys' fees) against or incurred by any of the CirrusMD Parties arising out of your breach of these Terms, your violation of applicable law, or access by anyone accessing or using the Site or any CirrusMD Services using your user ID and password. Notwithstanding the foregoing or anything to the contrary herein, CirrusMD shall only exercise its rights in this Section after addressing applicable claims with your employer or health plan if you are using you accessed the Site or the Services through your employer or health plan.
15. Governing Law; Time Limit for Causes of Action
CirrusMD will try to work in good faith to resolve any issue you have with the Site or the CirrusMD Services if you bring that issue to the attention of the CirrusMD customer service department. We realize, however, that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction. If we cannot resolve a dispute between us, you agree that all matters related to any use or access of the Site, the Services, or these Terms will be governed by the laws of the State of Delaware, without respect to its conflict of laws principles. Any claims or controversies arising out of these Terms and/or related use or access of the or CirrusMD Services shall be exclusively in the state or federal courts located in Denver, Colorado.
You and CirrusMD agree that any cause of action arising out of or related to these terms or CirrusMD services must commence within one (1) year after the cause of action accrues or such cause of action shall be permanently barred; provided, however, that the forgoing shall not apply to any cause of action arising out of or caused by (i) the gross negligence or willful misconduct of CirrusMD, its employees, or its agents; or (ii) any liability which cannot be limited in the forgoing manner by applicable law.
16. Right to Modify; Generally
CirrusMD reserves the right to modify the Terms at any time, effective upon posting. If you use the Site or the CirrusMD Services after such changes, you will be deemed to have agreed to and accepted those changes. You agree to review the Terms each time you access or use this Site so that you may be aware of any changes to the Terms. CirrusMD uses Google Analytics, a third-party tracking service, which uses cookies to track non-personal identifiable information about our visitors to our main site in the aggregate to capture usage and volume statistics. CirrusMD has no access to or control over these cookies. The companion Privacy Policy covers the use of cookies by CirrusMD only and does not cover the use of cookies by any third-party. CirrusMD reserves the right, in its sole discretion, to terminate your access to all or part of this Site or the CirrusMD Services, with or without cause, and with or without notice. If any provision in the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. The Terms constitute the entire agreement between CirrusMD and you pertaining to the subject matter in these Terms.
17. Contact Information
If you have any questions or concerns about these Terms or CirrusMD Services, please send us a thorough description by email to [email protected] or call us at (800) 449-4512.
No Quality Guarantee of Services or Products from Participating Pharmacies
Neither Capital Rx Advantage Card nor the program administrator guarantee the quality of the services or products you receive at participating pharmacies.
Terms and Conditions:
The Terms and Conditions you have accepted or will accept upon registering at www.dialcare.com, are part of this membership agreement (Agreement) between you and DialCare, LLC (“DialCare”). DialCare provides administrative services to DialCare clinicians and does not provide professional medical services. The Terms and Conditions define the obligations of DialCare, its authorized agents and yourself, and they establish the basic rules of safe and fair use of DialCare’s public website, member website, and services (Services). DialCare and its authorized agents reserve the right to immediately and without advance notice terminate the Services and deny access to individuals who do not abide by the Terms and Conditions.
Purchase and Renewal Conditions:
By joining a plan for yourself or on behalf of a minor child for whom you are a parent or legal guardian, you confirm that you are at least 18 years old and agree to the terms and conditions of the plan. If this plan is not employer- funded, you authorize LASO Health, LLC or your employer, to process payment using the billing method you selected. This charge shall automatically renew at the end of your membership term, and you will continue to be billed for the appropriate amount, until you notify LASO Health, LLC or your employer in writing that you wish to cancel the plan.
Termination Conditions:
LASO Health, LLC and DialCare reserve the right to terminate plan members from its plan for any reason, including non-payment.
Cancellation Conditions:
If this plan is not employer-funded, you have the right to cancel within the first 30 days after the effective date or receipt of membership materials (whichever is later) and receive a full refund. If for any reason during this time period you are dissatisfied with the plan and wish to cancel and obtain a refund, you must submit a written cancellation request. LASO Health, LLC or your employer will accept cancellation requests at any time and will stop collecting membership fees in a reasonable amount of time, but no later than 30 days after receiving a cancellation notice. Please send a cancellation letter and a request for refund with your name and member ID to your employer, if applicable, or LASO Health, LLC, PO Box 6779, San Antonio, TX 78209. You may also submit cancellation requests by email [email protected]. When you cancel, you will continue to have access to the plan for the remainder of the period for which you have paid; your membership will terminate at the end of that period.
Complaint Procedure:
If you would like to file a complaint regarding your plan membership, you must submit yourcomplaint in writing to: DialCare, P.O. Box 2568, Frisco, TX 75034.
LASO Health Information Authorization
TERMS OF USE
NOTICE AND ACCEPTANCE OF THE TERMS OF USE
General Terms and Conditions
MyFREEPharmacy, in its sole discretion, may revise and update these Terms of Use from time to time. All changes will be effective immediately when posted to the Site, and will apply to all access to and use of the Site thereafter. Changes to these Terms of Use will be indicated by a new revision date. Your continued use of the Site after the Terms of Use have been updated means that you accept and agree to the updated version of the Terms of Use. You are expected to check this page each time you access this Site so you are aware of any changes, as they are binding on you.
Changes to the terms of use
MyFREEPharmacy, in its sole discretion, may revise and update these Terms of Use from time to time. All changes will be effective immediately when posted to the Site, and will apply to all access to and use of the Site thereafter. Changes to these Terms of Use will be indicated by a new revision date. Your continued use of the Site after the Terms of Use have been updated means that you accept and agree to the updated version of the Terms of Use. You are expected to check this page each time you access this Site so you are aware of any changes, as they are binding on you.
Accessing the site and account security
MyFREEPharmacy, in its sole discretion and without notice, reserves the right to withdraw any service or material that it provides on the Site. To access some of the resources on the Site, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide to register with this Site or otherwise, is correct, current and complete. If you choose, or are provided with, a username or password to access certain aspects of the Site, you must treat such information as confidential, and you must not disclose such information to any other person or entity. You agree to notify us immediately of any known unauthorized access to or use of your username or password. Please note that MyFREEPharmacy reserves the right to disable any username or password if in its opinion, you have violated these Terms of Use.
No medical or Legal Advice
The information provided on this Site is for general informational purposes. It is not medical or legal advice and is not a substitute for obtaining up-to-date professional advice from a qualified person. Always consult with your doctor for appropriate examinations, treatment, testing, care recommendations, and questions pertaining to your medical condition and symptoms. Do not rely on information from this Site as a tool for self-diagnosis. If you have any questions about any law or requirements referenced in this Site, you should contact your own legal counsel.
Disclaimer of warranty and liability
While we strive to keep up-to-date materials on the Site, MyFREEPharmacy cannot and does not assume responsibility for any errors or omissions in these materials presented on or through the Site. MyFREEPharmacy has no obligation to update this Site; therefore, information presented may be out of date and contain inaccuracies or errors. MyFREEPharmacy may make changes to these materials, to the products or services described within the Site, or to these Terms of Use, at any time without prior written notice, except as prohibited by law. Any information contained on or through this Site is intended as a supplement to, andnot a substitute for, the knowledge, expertise, skill, and judgment of a doctor, pharmacist, or other qualified healthcare provider. The absence of a warning for a given drug or drug combination should not be construed by you as an indication that the drug or drug combination is safe, appropriate or effective for a given patient. Any reliance you place on these materials or any information presented on or through the Site is strictly at your own risk. MyFREEPharmacy disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by any third party who may be informed of any of the Site’s contents. MyFREEPharmacy also disclaims liability and responsibility arising from your order of prescriptions via the Site. Ordering prescriptions via this Site is your own responsibility and strictly at your own risk. MyFREEPharmacy, nor its affiliates, employees, agents, officers or directors shall be liable for any outcome of your use of any prescription ordered through this Site or any other websites linked from this Site.
MYFREEPHARMACY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. USER OF THIS SITE AGREES THAT NEITHER MYFREEPHARMACY, NOR ITS AFFILIATES, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS SHALL BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGES, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHICH MAY RESULT FROM THE RELIANCE ON, USE OF, ACCESS TO, OR INABILITY TO USE THE SITE OR ANY MATERIALS ON OR LINKED TO THE SITE. YOU AGREE TO USE THIS SITE AND SUBMIT INFORMATION AT YOUR OWN RISK. BILLING AND PRICING DISCLAIMER
You agree to provide accurate and truthful billing information for any purchases made on or through this Site. You represent and warrant that if you are making online payments that (i)any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information. MyFREEPharmacy reserves the right to cancel your order for any reason including but not limited to the receipt of inaccurate or untruthful information from you, limitations on quantities available for purchase, or errors in product or pricing information. MyFREEPharmacy will automatically charge on a monthly recurring basis the subscription fee, including applicable taxes to the credit card associated with your subscription. By confirming your purchase at the end of the checkout process, you agree to these terms and accept and pay for all items.
Electronic Transactions Certain purchases may be electronically made through the Site using a bank account. You understand that because these transactions are electronic transactions, the associated funds may be withdrawn from your account as soon as today’s date. If the payment date falls on a weekend or holiday, you understand that the payment may be executed on the next business day. You understand that if your account does not have sufficient funds when a payment is due, MyFREEPharmacy will not be responsible or liable for any penalties or charges assessed by any financial institution as a result of such insufficiency. You acknowledge that, in the event that MyFREEPharmacy’s additional attempts to collect the payment due via electronic funds transfer are unsuccessful, you must make the payment due by other means. You understand that MyFREEPharmacy will assess a non-sufficient funds fee of $25.00 as a result of your account having insufficient funds.
Products, content and specifications
All features, content, specifications, products and prices of products and services described or depicted on this Site or linked through this Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of products, including the applicable colors. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. If a product offered by this Site is not as described, your sole remedy is to return it in unused condition.
You also agree and understand that resale of products or services purchased on or through this Site is specifically prohibited. We reserve the right, at our sole discretion, to refuse to sell products to you if it appears to us that you intend to resell such products or services. We also reserve the right to limit the quantity of items purchased for any reason. We will notify you if we will apply any limits to you order.
YOU AGREE THAT NEITHER MYFREEPHARMACY, NOR ITS AFFILIATES, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS SHALL BE LIABLE FOR INACCURACIES, MISSTATEMENTS OR OMISSIONS REGARDING DESCRIBED FEATURES, CONTENT, AND/OR SPECIFICATIONS OF A PRODUCT OR SERVICE OFFERED ON THIS SITE.
Privacy Policy
You agree to the Internet privacy policy (“Privacy Policy”), which is incorporated by reference in these Terms of Use.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD MYFREEPHARMACY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, SUCCESSORS, SERVICE PROVIDERS AND SUPPLIERS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS OR DEMANDS, DAMAGES, LIABILITIES AND SETTLEMENTS INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM OR ALLEGED TO RESULT FROM, YOUR VIOLATION OF THESE TERMS OF USE TO WHICH YOU HAVE AGREED BY USE OF THIS SITE.
Links to other websites
This Site may contain links to other internet websites for the convenience of users in locating information and services that may be of interest. Visitors to this Site acknowledge that these third-party sites are maintained by persons or organizations over which MyFREEPharmacy exercises no control; and MyFREEPharmacy is not responsible for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party sites. Unless otherwise stated, links do not represent an intent to promote or endorse information, products or services.
Proprietary rights
All material contained in this Site is protected by law, including but not limited to United States copyright, trademark and other laws. Except as indicated, MyFREEPharmacy is the owner of the copyright in the entire content (including all information, images, displays, text and look and feel and attributes) of this Site and reserves all rights in that regard. These Terms of Use permit you to use the Site for your personal, non-commercial use only. Any commercial use of this Site’s content is prohibited without the prior written consent of America’s Pharmacy Source. Except as expressly permitted, you may not reproduce, modify, distribute, create derivative works of, republish, download, upload, post, store, transmit, hyperlink to or form, or distribute any content or material on the Site.
Use of site
You agree to use the Site only for lawful purposes and in accordance with these Terms of Use. You agree that you will not: (1) use this Site in any way that violates any applicable federal, state or local law or regulation; (2) engage in any activity or use any device or software that interferes with a user’s access to this Site or the proper operation of this Site; (3) engage in any conduct that may harm MyFREEPharmacy or users of the Site or expose MyFREEPharmacy to liability; (4) delete or revise any content or material on the Site; (5) take any action that could disable, overburden, damage or impair the Site; (6) allow any other person or entity to use your login credentials for posting, copying, extracting, downloading, viewing, transmitting, or receiving data of any kind; or (7) attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Use of products
By placing an order on or through the Site, you represent that the products ordered will be used only in a lawful manner.
Governing law and jurisdiction
These Terms of Use shall be governed and construed in accordance with the laws of the state of Ohio, excluding its conflict of law rules. No laws of any foreign jurisdiction shall apply to these
Terms of Use or be binding on us. Any dispute, claim, action or proceeding arising out of or related to the Site 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 Cleveland, Ohio.
Email communications
MyFREEPharmacy may contact you via email to:
- Respond to any questions you may send us,
- Send you-email communications about information we think you will find useful – including announcements about new products and services at this Site, or
- Communicate other information as necessary to administer this Site.
Please note that when you contact us by email, such communication may not be entirely secure because it travels over unsecured communication lines. As a result, you should not provide us with confidential or personal information via email.
Waiver
Any waiver by MyFREEPharmacy must be express and in writing, must be directed specifically by MyFREEPharmacy to you, and must be signed by a duly authorized representative of MyFREEPharmacy. MyFREEPharmacy’s 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 its right to do so, including without limitation its right to enforce subsequently any provision of these Terms of Use, or to assert its rights with respect to the same or similar breaches.
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.
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.
Termination
MyFREEPharmacy in its sole discretion, reserves the right to terminate your use of this Site at any time and without notice to you.
Cancellation
If a Member is not satisfied with the Program and wishes to terminate their membership, the Member may cancel the membership for any reason and at any time during the membership period by notifying MyFREEPharmacy verbally or in writing. Membership in the Program will terminate at the end of the Membership Term following the date on which notice of cancellation is received. Membership fees will cease being collected no later than 30 days after receiving a valid cancellation notice.
Terms & Conditions (Capital Rx Advantage)
General Terms and Conditions
CapitalRx Advantage Card is a prescription savings program. It is NOT an insurance program or plan. Rather, Capital Rx Advantage Card provides individuals with access to discounts on prescription drugs at pharmacies that have agreed to participate in the program. The discounts can be up to 90%off a participating pharmacy’s retail price on prescriptions. The average savings with the program is 70% off the participating pharmacy’s retail price. You will pay the lower of the pharmacy’s retail price and the negotiated discounted price that the pharmacy has agreed to offer to Capital Rx AdvantageCard members. You are responsible for paying the entire cost of your prescription under the program after the discount is applied; Capital RxAdvantage Card does not make any payments directly to participating pharmacies. To access the discounted pricing available under the program, simply show your membership card to the participating pharmacy when you give the pharmacy your prescription for filling. The pharmacy will submit a claim for your prescription to the program administrator and will tell you your cost for the prescription while you wait.
No Membership Fees, No Enrollment Fees
There are no membership fees, enrollment fees, or other periodic fees or charges to be a member of Capital Rx Advantage Card.
No Limitations, Exclusions, or Waiting Periods
here are no limitations, waiting periods, exclusions, or exceptions regarding your use of the program. You may use Capital Rx Advantage Card immediately at any participating pharmacy.
There are no limits on how many times you may use the program. You may use the program as little or as much as you like.
No Quality Guarantee of Services or Products from Participating Pharmacies
Neither Capital Rx Advantage Card nor the program administrator guarantee the quality of the services or products you receive at participating pharmacies.
No Need to Renew
There is no need to renew your membership in the program.
Transparent Pricing
Many discount cards charge hidden fees on each claim, including spread pricing (charging the patient a high price and paying the pharmacy a low price) and variable transaction fees. Capital Rx Advantage pricing is transparent and consistent. Our price is composed of 3 elements*:
- The drug cost. Drug pricing is based on the National AverageDrug Acquisition Costs (NADAC). Most of the participating pharmacies accept NADAC pricing for the cost of the drug, which allows for the same pricing across all pharmacies for the drug cost.
- The dispense fee. This is the fee paid to the pharmacy to dispense the drug, and may vary depending on the pharmacy
- The professional services fee. This fee is no more than $1.99, of which Capital Rx retains $0.99 to process the claim, manage the network, and manage the program. In addition, there may be a marketing fee paid to third parties by Capital Rx to support marketing initiatives, including printed materials, maintaining websites, or email marketing campaigns.
There are no other fees in our discount card. While the drug price or dispensing fee may vary due to network changes, Capital Rx’s fees will always be no more than $0.99.
*Select states may charge sales tax on prescription drugs.
Which Pharmacies Participate in Capital Rx Advantage Card
You can search for the current participating pharmacies by going to our website at www.capitalrxadvantage.com.
How to Cancel Your Membership
You may cancel your membership in the program at any time. To cancel, you can simply stop using the card at any time.
How to File a Complaint
You may report a complaint by calling the customer service number listed above and on your membership card, or sending a letter to Capital Rx Advantage Card’s corporate address listed above. If your main dissatisfied with the resolution of your complaint, you can contact your state department of insurance for further assistance.
How to Ask a Question about Capital Rx Advantage Card
You may make any inquiries of the program by calling the customer service number listed above and on your membership card or sending a letter to Capital Rx AdvantageCard’s corporate address listed above and on your membership card.