PRESCRYPTIVE SmartPrice™ DISCOUNT PROGRAM: Terms of Use

Last Updated January 6, 2021

These terms and conditions (the “Terms”) govern your use of the Prescryptive SmartPrice™ pharmacy discount program (the “Program”). Your acceptance and continued compliance with these Terms is a condition to your authorized access to and use of the Program. If you do not agree to these Terms, our Privacy Policy or any other policy governing your access to or use of the Program, you are not authorized to access and use the Program and must immediately stop your access and use of the same. We reserve the right to make changes to these Terms without notice, which will be indicated by a change in the date above showing when it was last updated. If you have any questions regarding these Terms or your access to or use of the Program, please submit your questions via the Contact Us page available at www.prescryptive.com. We try to respond to all inquiries within one business week but cannot guarantee a response within a specific time.

ARBITRATION NOTICE:  THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT THAT INCLUDES A WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.  PLEASE READ PARAGRAPH 12 (APPLICABLE LAW & DISPUTE RESOLUTION) BELOW FOR DETAILS.

By registering or using the Program, or by continuing to use the Program following a change to these Terms, you are acknowledging that you have read, understand, accept and agree to be bound by these Terms, our Privacy Policy available online at www.prescryptive.com/privacy-policy, and any applicable terms and conditions provided by our partners applicable to the Program.

1. Your Privacy. We respect the privacy of our customers and encourage you to read our Privacy Policy so that you may make an informed decision about using the Program. You agree that the information you provide us will be governed by our Privacy Policy. Our Privacy Policy is incorporated into and made a part of these Terms.

2. Not Insurance. The Program is not insurance. You agree that you will not use the Program to receive any discount or benefit for products purchased through or in combination with any insurance benefit, co-pay assistance program, patient assistance, voucher or other third-party financial benefit.

3. Federal Healthcare Programs. You understand that if you are enrolled in any federal healthcare benefit program, for example Medicare, Medicaid, VA, CHAMPUS, TRICARE or similar program (each of these also called an “FHPB”), that you are not eligible to use the Program, and by using or continuing to use the Program you represent that you are not enrolled in any FHPB. This exclusion also applies to any purchase you make using cash outside of the FHBP in which you are enrolled.

4. Age 65 and Over. If you are sixty-five years old or older, you are considered Medicare-eligible for the purposes of determining eligibility and are not eligible to use the Program. By registering and using the Program, you represent that you are not sixty-five years old or older.

5. U.S. Residents Only. The Program is only available in the United States, to resident of the United States. You represent that you are a resident of the United States.

6. Not Medical Advice or Endorsement. We do not offer or provide medical services and the Program does not create a provider-patient relationship as defined by law. The Program is not intended and does not constitute a recommendation or endorsement for any provider, product, service or drug.

7. Sales Tax. You are solely responsible for any sales tax that may apply to the purchase of products under the Program.

8. Prescription Required. If required, you must obtain a prescription for any product purchased under the Program. The Program is not a substitute for, and we do not provide, a prescription for any products.

9. Products & Pricing. The actual price you will pay will be determined at the time of purchase. The price for any product may change at any time and over time. Prices may also vary between pharmacies. We do not guarantee the availability of any particular product or the specific price of any product.

10. Term and Availability. You understand and accept that the Program is not being made available for any specific period of time, and we may terminate or revoke the Program at any time without notice.

11. Right to Change These Terms. We may, at any time and from time to time, amend these Terms. Any changes to these Terms will be effective immediately upon posting of the changed terms and conditions. You agree to periodically review these Terms, and your continued access and use of the Program following any such change constitutes your agreement to follow and be bound by these Terms as amended.

12. Applicable Law and Dispute Resolution.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE PRODUCTS OR SERVICES OR ANY PART OF THESE TERMS WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION; THE ARBITRATOR SHALL APPLY WASHINGTON LAW TO ALL OTHER MATTERS AND SHALL DECIDE ALL MATTERS RELATING TO THE DISPUTE, INCLUDING ARBITRIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY, ANY PARTY TO THE ARBITRATION MAY AT ANY TIME SEEK INJUNCTIONS OR OTHER FORMS OF EQUITABLE RELIEF FROM ANY COURT OF COMPETENT JURISDICTION. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE INITIATED IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE OR COORDINATED PROCEEDING. YOU AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AND WE AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE OR ARBITRATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Prescryptive, in case of our registered agent to National Registered Agents, Inc., 160 Greentree Drive, Suite 101, Dover, DE 19904. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at https://www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrators fees and costs will be governed by the AAA’s rules, but if you are unable to pay any of them, we will pay them for you for claims totaling less than $75,000 unless the arbitrator determines the claims are frivolous. We and you will not seek attorneys’ fees or other costs in arbitration unless the arbitrator determines that the claims or defenses of a party are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having competent jurisdiction thereof. This section shall survive expiration, termination, or rescission of your uses of the Program.

The Program is limited and not available to users outside the United States. Use of the Program outside the United States is prohibited. Since the laws of each state or country may differ, you agree that the statutes and laws of the State of Washington, without regard to any principles of conflicts of law, will apply to any and all matters relating to the use of the Program.

13. Contact Information. Prescryptive is headquartered in Redmond, WA in the United States of America. Please contact online at www.prescryptive.com, or in writing at:

Prescryptive Health, Inc.
PO Box 403
Redmond, WA 98073

Email: info@prescryptive.com