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ScriptSave® WellRx Program Terms of Service

Last Updated on September 24, 2020

Please read these Terms of Service ("Terms") carefully. These Terms are a binding contract between you and Medical Security Card Company, LLC, a Delaware limited liability company ("MSC", "we", "us" or "our") governing the use of this prescription and/or pharmaceutical discount card program ("Program") and the other related services that we offer (collectively, the "Services"). By registering for or using the Program or by accessing or using the Services via our mobile application ("Application") or the associated online website ("Site"), collectively referred to as “The Site”, you agree to be bound by these Terms. These Terms affect your legal rights and obligations, so if you do not agree to these Terms, do not register or use the Services.

NO MEDICAL ADVICE: Neither the Site, the Application, nor the Services should be as a substitute for medical advice for medical problems or conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone.

ARBITRATION NOTICE: Except for certain types of disputes described in the arbitration clause below, you agree that all disputes between you and MSC will be resolved by mandatory binding arbitration and you waive any right to participate in a class-action lawsuit or class-wide arbitration.

Privacy- Your privacy is important to us. Our ScriptSave® WellRx Programs Privacy Policy is incorporated into these Terms by reference. By accepting these Terms, you agree to the collection, use, and sharing of your information, including your content, through the Program and the Services in accordance with the ScriptSave® WellRx Programs Privacy Policy.

Modifications to these Terms- We may, at our sole discretion, revise these Terms from time to time. The most current version of these Terms will be made available to you on the Site and will be linked to from within the Application. We encourage you to periodically review these Terms. If we make material changes to these Terms, we will notify you on the Site or within the Application or both by posting a conspicuous notice on the Site and the Application or by otherwise sending you a notification prior to the effective date of the changes. By continuing to access or use the Site, the Application, the Program or the Services after those changes become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you may terminate your Account as set forth below.

Our Services- You may print or download a Program identification card that allows you to use to use our Program without registering with us or creating an Account (a "Card"). You may also have received a Card from a third-party sponsoring organization, with or without having provided that third party with your name or other enrollment information.

Certain features of the Site and Application may not be available to you if you do not create an Account. If you wish to use certain additional Services we offer via the Application or the Site, you will need to create an account ("Account"). In order to create an Account you will be required to provide us with your name, email address, date of birth and zip code to submit your registration and open your Account. Information that we collect during registration will be used as set forth in our ScriptSave® WellRx Programs Privacy Policy. You must be at least 18 year of age to create an Account. Additional Services designed to assist you in saving money and better managing your health will be accessible to you if you create an Account and opt in via the Application or the Site.

If you do NOT have prescription drug health insurance, have limited coverage or a high deductible plan, you can use your Card for any brand name or generic prescriptions not covered by your insurance that you or a household member pays for out-of-pocket unless other restrictions apply. You can also use your Card for medications prescribed for your non-human pets if they are human equivalent prescription medications dispensed at a participating pharmacy. Please see your Card for more information. If you HAVE health insurance coverage, you can use your Card for certain prescriptions that are not covered by your insurance or for savings for your family members who are not covered by insurance.

DISCOUNT ONLY - NOT INSURANCE. The Card is NOT a health insurance policy and is not intended as a substitute for health insurance. The Card allows you to obtain discounts on prescription drugs and/or pharmaceutical products purchased through participating pharmacies. You are required to pay for all prescription drugs at the time of purchase. To obtain discounts, you will need to present your Card before you pay for any prescription or other product. The range of the discounts will vary depending on the prescription drug or other product and the participating pharmacy. MSC does not make payments to any pharmacy or health care provider.

The Card and Services are administered by Medical Security Card Company, LLC, 350 S Williams BLVD, Tucson, AZ 85711, 1-800-407-8156, www.medicalsecuritycard.com. You may cancel your Account or file a complaint regarding the Card or the Services at any time by contacting Customer Care at [email protected].

General Conditions- Obtaining a Card or using the Services via the Application requires the download of the Application from the Apple iTunes App Store or the Google Play Store. Download of the Application is subject to the applicable end user license agreement.

Your Account- MSC prohibits the creation of, and you agree that you will not create an Account for anyone other than yourself. You also represent that all information you provide to MSC upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

We reserve the right to refuse access to the Program or the Services to anyone for any reason at any time. We reserve the right to suspend or terminate your Account for any reason. You agree that you are responsible for all data charges and/or SMS charges you incur through use of the Services.

Modifications to Services- We reserve the right to modify or terminate the Program or the Services or any feature or function of the Program or the Services for any reason at any time and without notice or liability to you.

Medicine Chest- The Medicine Chest feature of the Services allows you to store information about your various prescriptions and medications. This information is associated with your Account and is collected and used by MSC as set forth in the ScriptSave® WellRx Programs Privacy Policy.

Ask a Pharmacist- Ask a Pharmacist is a free Service that connects you with a pharmacist at SinfoniaRx, Inc. ("SinfoniaRx") who can answer non-emergency questions regarding your prescription medications.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY DIAL 911. The information provided to you by SinfoniaRx is not a substitute for medical advice from your physician.

MSC is not a pharmacy. Calls are handled by SinfoniaRx, which is authorized to provide this service. SinfoniaRx is responsible for any and all assistance provided to you. Your interactions with SinfoniaRx are governed by SinfoniaRx's terms and privacy and security policies.

MSC does not collect, receive, or have access to personal information that you provide to SinfoniaRx or related to your interactions with SinfoniaRx. SinfoniaRx may provide MSC non-personally identifiable aggregate data regarding the calls that SinfoniaRx receives.

Questions and comments regarding Ask a Pharmacist should be directed to SinfoniaRx at 1-866-268-2611.

Healthy Eating and Wellness Selections- You may choose to enter certain health-related information and dietary preference information to use our Service that provides users with personalized health and wellness options, such as types of food products. Selections are generated based on third-party databases and do not take into account your prescriptions or medications. If you have questions or concerns about how certain foods may affect or interact with your prescriptions or medications, you should consult your health care provider.

The content, products, and services mentioned as part of or offered through the Services are solely to educate consumers on health care and nutritional issues that may affect their daily lives. Nothing in the content, products, or services should be considered, or used as a substitute for, medical advice, diagnosis, or treatment. The Services, Site, and Application do not constitute the practice of medicine, pharmacy, or any other professional health care advice, diagnosis, or treatment. You should always consult with your health care provider for diagnosis and treatment to address your specific medical needs. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health, medical conditions, or nutrition.

THE MENTION OF PARTICULAR FOODS OR OTHER THIRD-PARTY PRODUCTS ON THE SERVICES DOES NOT CONSTITUTE OR IMPLY ANY WARRANTY OR ENDORSEMENT OF ANY KIND BY MSC OR ITS AFFILIATES. NONE OF THE PRODUCTS OR SERVICES MENTIONED AS PART OF OR OFFERED THROUGH THE SERVICES REPRESENT OR WARRANT THAT ANY PARTICULAR SERVICE OR PRODUCT IS SAFE, APPROPRIATE OR EFFECTIVE FOR YOU.

Push Notifications- From time to time the Site or Application may notify you about new features or other information that might enhance your use of the Site, the Application, the Program or the Services, via push notifications. You may opt out of push notifications if permitted by your browser or device settings, as applicable.

Termination of Your Account- You can deactivate your Account within the settings of the Site or the Application or by contacting us using the contact information below. We may suspend or terminate your access to your Account, the Program or any Services if we believe you have materially breached these Terms or your use of the Services otherwise presents any legal or other risk to MSC or any third party. If we terminate your access to the Services or if you request the deactivation of your Account, your data will no longer be accessible to you through your Account. Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.

Use of Your Account- You may not sell, transfer, license or assign your Account, username, or any Account rights to anyone. You are responsible for any activity that occurs through your Account. You are solely responsible for all transactions and activities undertaken by anyone utilizing your Account or your Card, whether authorized or unauthorized. This includes any and all purchases, authorized or unauthorized, made from pharmacies. You must immediately notify MSC of any suspected unauthorized transactions associated with your Account or your Card or any other breach of security. You are responsible for keeping your Account password secret and secure. BY ACCESSING OR USING THE SITE, THE APPLICATION THE PROGRAM OR THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.

Prohibited Activities- In addition to the other restrictions outlined in these Terms, you agree that you will not:

You further agree to abide by any third party terms when posting reviews of MSC, the Card, the Program, the Services, the Site or the Application, including without limitation the Apple iTunes App Store Terms of Service and the Google Play Store terms of service.

Content Ownership- Copyright 2015-2020 Medical Security Card Company, LLC. All rights reserved.

The ScriptSave® WellRx™ logo, SCRIPTSAVE®, and other MSC trademarks, service marks, graphics and logos used in connection with the Card, the Program, the Site, the Application, or the Services are trademarks or registered trademarks of MSC or its affiliates (collectively, "MSC Marks"). Third party trademarks, service marks, graphics and logos used in connection with the Card, the Site, the Application or the Services are the trademarks of their respective owners (collectively, "Third-Party Marks"). The MSC Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of MSC or the applicable trademark holder.

Unless otherwise stated, all materials contained on or within the Card, the Program, the Site, the Application, or the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, and written and other materials (collectively, "MSC Materials"), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws.

Subject to your compliance with these Terms, MSC grants you a limited, nonexclusive, non-sub-licensable license to access and use the Card, the Program, the Site, the Application, or the Services and MSC Materials solely as made available in the Application or Site. This license is revocable at any time as further contemplated by these Terms. You may not:

You may not use MSC Materials in any manner except as necessary to use the Card, the Program, the Site, the Application, or the Services as provided by MSC. MSC does not grant you any other right or license to use the MSC Materials. Unauthorized use of MSC Materials is a violation of these Terms, which may result in the termination of your Account, and may constitute a violation of applicable federal and state laws.

Feedback- You agree that submission of feedback, suggestions, ideas, or other information or materials regarding MSC, the Card, the Program, the Site, the Application, or any other component of the Services that you provide, whether by email or otherwise ("Feedback") is at your own risk and that MSC has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to MSC a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sub-license the foregoing rights, in connection with the operation and maintenance of the Card, the Program, the Site, the Application, or the Services.

Third-Party Sites and Services- The Site, the Application, or the Services may link to, or be linked to, websites, features, services, and content not maintained or controlled by MSC. Those links are provided as a convenience. MSC is not responsible for examining or evaluating the content or accuracy of, and MSC does not control, maintain, warrant or endorse, any third-party websites or services, nor any features, services, products, or content made available through those websites or services. Please take care when leaving the Site or Application or the Services to visit a third-party website or service. If you choose to access any third-party websites or services, you do so at your own risk. We encourage you to read the terms and privacy policies applicable to each third-party websites and service that you access.

Disclaimer of Warranties- THE CARD, THE PROGRAM, THE SITE, THE APPLICATION, AND THE SERVICES AND MSC MATERIALS, TOGETHER WITH THE APPLICATION AND THE WEBSITE, ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER MSC NOR OUR MEMBERS, SHAREHOLDERS, EMPLOYEES, MANAGERS, OFFICERS, OR AGENTS (COLLECTIVELY, THE "MSC PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE CARD, THE PROGRAM, OR THE SERVICES; (B) MSC MATERIALS, INCLUDING THE APPLICATION AND SITE; (C) SERVICES CONTENT; (D) THIRD-PARTY CONTENT; OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO MSC OR VIA THE SERVICES. IN ADDITION, THE MSC PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE MSC PARTIES DO NOT REPRESENT OR WARRANT THAT THE CARD, THE PROGRAM, THE SERVICES, SITE OR APPLICATION WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PROGRAM, THE SERVICES. THE SITE, THE APPLICATION OR THE SERVER THAT MAKES THE PROGRAM, THE SERVICES. THE SITE, AND THE APPLICATION AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE MSC PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE CARD OR SERVICES IS ACCURATE, COMPLETE, OR USEFUL OR THAT YOU WILL RECEIVE ANY ANTICIPATED SAVINGS.

MSC DOES NOT PROVIDE MEDICAL, DIETARY, OR NUTRITION SERVICES. THE SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL, DIETARY, OR NUTRITION ADVICE, DIAGNOSIS, OR TREATMENT.

YOU ACKNOWLEDGE THAT YOUR USE OF CARD, THE PROGRAM, THE SERVICES. THE SITE, AND THE APPLICATION IS AT YOUR SOLE RISK. THE MSC PARTIES DO NOT WARRANT THAT YOUR USE OF THE CARD, THE PROGRAM, THE SERVICES. THE SITE, OR THE THE APPLICATION IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE MSC PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS.

THE MSC PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Indemnification:

BY AGREEING TO THESE TERMS YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE MSC PARTIES FROM AND AGAINST ANY AND ALL CHARGES, CLAIMS, DAMAGES, LOSSES, COSTS, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) INCURRED AS A RESULT OF OR ARISING FROM ANY CLAIM, COMPLAINT, ALLEGATION, LAWSUIT OR DEMAND ARISING OUT OF OR RELATING IN ANY WAY TO (A) YOUR ACCESS TO OR USE OF: THE PROGRAM, THE SERVICES, THE SITE, YOUR ACCOUNT, OR THE APPLICATION; (B) YOUR VIOLATION OF THESE TERMS; (C) YOUR VIOLATION OF THE RIGHTS OF ANOTHER, INCLUDING WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PRIVACY, OR PROPRIETARY RIGHT; OR (D) YOUR VIOLATION OF ANY STATUTES, CODES, ORDINANCES, LAWS, RULES, REGULATIONS, INCLUDING WITHOUT LIMITATION, ALL REGULATORY, ADMINISTRATIVE, AND LEGISLATIVE AUTHORITIES.

Limitation of Liability:

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL MSC OR THE MSC PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (A) THE USE OF, OR INABILITY TO USE, THE CARD, THE PROGRAM, THE SERVICES, THE SITE, THE APPLICATION, OR ANY CONTENT OF THE PROGRAM OR THE SERVICES; (B) THE PROVISION OF THE CARD, THE PROGRAM, THE SERVICES, THE SITE, THE APPLICATION, OR ANY CONTENT OF THE SERVICES OR ANY MATERIALS AVAILABLE THEREIN; OR (C) THE CONDUCT OF OTHER USERS OF THE CARD, THE PROGRAM, THE SERVICES, THE SITE, THE APPLICATION, OR ANY CONTENT OF THE SERVICES, EVEN IF MSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE CARD, THE PROGRAM, THE SERVICES, THE SITE, OR THE APPLICATION. YOUR ONLY REMEDY AGAINST MSC FOR DISSATISFACTION WITH THE CARD, THE PROGRAM, THE SERVICES, THE SITE, OR THE APPLICATION OR ANY CONTENT IS TO STOP USING THE CARD, THE PROGRAM, THE SERVICES, THE SITE, OR THE APPLICATION. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL MSC’S LIABILITY TO YOU EXCEED $100.00 FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THESE TERMS OR YOUR USE OF THE CARD, THE PROGRAM, THE SERVICES, THE SITE, OR THE APPLICATION OR ANY CONTENT, EVEN IF SUCH AMOUNT SHOULD FAIL OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

Dispute Resolution:

Arbitration Agreement; Class Waiver; Waiver of Trial by Jury”

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH MSC AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Applicability of Arbitration Agreement- Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity hereof, including the determination of the scope or applicability of this agreement to arbitrate (hereinafter, collectively, the "Dispute"), which cannot be resolved informally, shall be resolved by binding arbitration on an individual basis under the terms set forth below (the "Arbitration Agreement"). Notwithstanding the foregoing, in the event of any actual, alleged or threatened violation of confidentiality or violation of the other party’s intellectual property or other proprietary rights, the non-breaching party may immediately resort to court proceedings in a court of competent jurisdiction as set forth below in order to seek immediate injunctive relief without posting of a bond, proof of damages or other similar requirement. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.

This Arbitration Agreement applies to you and MSC, and to any of the Parties' subsidiaries, affiliates, agents, employees, predecessors in interest, successors in interest, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services provided under the Terms.

The arbitration proceeding will be administered by the American Arbitration Association ("AAA") before an arbitrator selected pursuant to the AAA rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys' fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY INSTEAD CHOOSE AND AGREE TO HAVE ALL DISPUTES AS SET FORTH HEREIN DECIDED THROUGH INDIVIDUAL ARBITRATION.

The place of arbitration shall be in Pima County, Arizona, unless otherwise agreed to in writing by all parties to the arbitration. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, shall govern the interpretation, enforcement and proceedings pursuant to this Arbitration Agreement. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.

Survival- This Arbitration Agreement provision will survive the termination of the Agreement and your relationship with MSC.

Time Limitation on Claims- The Parties agree that they must initiate arbitration within one (1) year after any Dispute arose; otherwise, the disputing Party's Dispute is permanently barred.

Forum and Venue- A lawsuit, if any, between you and MSC that is permissible under this Arbitration Agreement will occur in state or federal court in Pima County, AZ. You and MSC agree that the jurisdiction and venue of these courts is exclusive.

Applicable Law- This Agreement and any Dispute between you and MSC will be governed by the laws of the State of Arizona and applicable United States law, exclusive of conflict or choice of law rules.

Severability- If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Entire Agreement- These Terms supersede all prior understandings regarding the Card, the Program, the Services, the Site, and the Application and their use and represent the complete agreement between you and MSC. However, the Card, the Program, the Services, the site, and the Application may be subject to additional terms of the applicable third-party sponsoring organization. These Terms do not create or confer any third-party beneficiary rights. MSC may, at MSC’s sole discretion, change or modify these Terms at any time.

Contacting Us- If you have any other questions or concerns regarding these Terms, please contact us as follows:

Using the Contact Us form at https://www.medicalsecuritycard.com/contact

Or by mail at:

Medical Security Card Company, LLC
350 S. Williams Blvd.,
Tucson, AZ 85711

Or by Phone at: 1-800-347-5985 or 1-520-888-8070