Last Updated September 01, 2021
AGREEMENT TO TERMS
1. SCOPE OF SERVICES
The Services provide a variety of content, products, and services, including provision of Our mobile application, data analysis, participant access to his/her personal health account, personalized health education, access to Our wireless, mobile and web-based condition management systems and technologies, and monitoring and support by Our staff.
Features and specifications of products or services described or depicted as part of the Services are subject to change at any time without prior notice.
2. NO MEDICAL ADVICE
The Sites and Services do not offer professional support for medical care, mental health, or other professional services or any medical advice. We do not provide medical services and the Services are not intended to create a provider-patient relationship as defined by law. Any content accessed through the Sites or Services is for informational purposes only, does not constitute medical advice, diagnosis, treatment, or recommendations of any kind, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. The Services should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet, or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through the Sites or Services.
Call 911 or your doctor for all medical emergencies. PRESCRYPTIVE IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE SITES OR SERVICES.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTION THAT MAY CAUSE HARM TO YOU OR OTHERS OR IF YOU FEEL THAT YOU OR ANOTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL 911 AND NOTIFY THE RELEVANT AUTHORITIES OR CONTACT THE NATIONAL SUICIDE PREVENTION HOTLINE AT 1-800-273-8255.
3. SERVICES PROVIDED BY OUR PARTNERS
4. YOUR ACCOUNT AND YOUR USE OF THE SERVICES
You must provide accurate and complete registration information any time you initially register or continue to use the Services. It is your responsibility to provide Us with true, accurate, and complete email address, contact, and other information related to your account(s), and to maintain and promptly update any changes in this information.
The following actions are expressly prohibited in relation to your use of the Services:
– Sharing, disclosing, permitting access to, or otherwise facilitating the use by any other person of your user name and password;
– Attempting to impersonate another user or person or use the username of another user;
– Using the user name and password to cache the Services in such a manner as to be accessible by persons who have not properly registered with Us;
– Using the user name and password to permit multiple persons access to the Services through a local or wide area network;
– Misrepresenting or falsifying your identity;
– Reverse engineering, decompiling, disassembling, or working around technical limitations of the Services;
– Disabling, tampering with, or otherwise attempting to circumvent any security or billing mechanism;
– Renting, leasing, lending, reselling, transferring, or hosting the Sites or Services, or any portion thereof, to or for third parties;
– Using or acting as a buying agent or purchasing agent to make purchases via the Sites or Services;
– Using the Sites or Services in any manner inconsistent with applicable laws or regulations;
– Interfering with, disrupting or attempting to disrupt the proper operation of the Sites or Services;
– Systematically retrieving data or other content from the Sites or Services to create or compile, directly or indirectly, a collection, compilation, database or directory;
– Circumventing, disabling, or otherwise interfering with security-related features of the Sites or Services, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Sites or Services and/or content contained therein;
– Engaging in any automated use of the Sites or Services, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering or extraction tools;
– Interfering with, disrupting, or creating an undue burden on the Sites or Services or the networks or services connected to the Sites or Services;
– Selling or otherwise transferring your user profile;
– Harassing, intimidating, or threatening Us, our agents or other users;
– Uploading, transmitting, or attempting to upload or transmit, viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Sites or Services or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation, or maintenance of the Sites or Services.
If you have forgotten your user name or password, the Services will use an email address or phone number previously provided by you to re-establish your authentication credentials. You understand that any other individuals using the same email address or mobile device will be able to gain access to your Services account information, but only if they provide the correct answers to your security questions.
Your use of the Services and any content accessed through the Services must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software. You are prohibited from posting on or transmitting through Prescryptive any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, that infringes the intellectual property rights or is otherwise injurious to third parties, including but not limited to any material that encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable local, state, national, or international law.
You must be at least 13 years old to register and use the Services, or you must be the legal guardian for someone under age 13 whose data is accessed through the Services. Once a Services user obtains age 13, the Services user may set up and maintain their own electronic relationship with Us in order to maintain and utilize the Services.
If you use Our mobile services, you understand that you are responsible for safeguarding and securing your mobile device and the associated credentials (such as user identifiers, passwords or security pins). If you leave your mobile device unattended, unlocked, or if it is lost or stolen, you understand that your personal information, including your personal health information, may be accessible to others.
When you use the Services, you may ask Us to take certain actions on your behalf, including healthcare related interactions with healthcare providers, healthcare technology service providers and intermediaries, benefit administrators, and pharmacies. Examples of such interactions that you may ask that We may perform on your behalf as part of the Services include but are not limited to: (i) receiving, directing, or requesting a prescription transfer between pharmacies, (ii) authorizing prescription auto-refill services, (iii) requesting a prescription refill, (iv) requesting or authorizing prescription delivery to you or your representative, (v) requesting prior authorization as required by your benefit plan, (vi) requesting authorization from your physician as required by law, or (vii) requesting a prescription re-authorization from your physician.
This appointment for Us to act as your agent is limited to the extent that those actions are initiated by you through your use of the Services and shall end immediately upon termination of this agreement in accordance with its terms
We may remove personally identifiable data so that it is no longer PHI and may aggregate, sell, disclose or otherwise use such de-identified information for research, analytic or other purposes to the extent permitted by law.
We may elect to electronically monitor Sites and Services and may disclose any content, records, or electronic communication of any kind to satisfy any law, regulation, or government request, if such disclosure is necessary or appropriate to operate the Sites or Services, or to protect Our rights or property, Our Partners, independent contractors, service providers, consultants, sponsors, licensors or the public. We retain the right, but not the obligation, to monitor and edit or remove any activity or content that We deem in our sole discretion to be harmful to users, Us, or the rights of any third party, or to violate any applicable law.
6. INTELLECTUAL PROPERTY
Unless otherwise indicated, all website and application materials, including, without limitation, the Prescryptive logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of Prescryptive or its licensors. You may electronically copy and print to hard copy portions of the Sites for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials on the Sites, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance without Our prior written permission is strictly prohibited.
Prescryptive™, the Prescryptive logo, and any proprietary product or service names contained in this website are either trademarks or registered trademarks of Prescryptive or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Prescryptive. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
If you believe that any material on the Sites infringes upon any copyright that you own or control, or that any link on the Sites directs users to another website that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement (a “Copyright Infringement Notice”) with our Designated Agent:
Prescryptive Health, Inc.
ATTN: DMCA Notices
PO Box 403, Redmond, WA 98073
The Services may contain other proprietary notices and copyright information, the terms of which must be observed and followed by you.
7. RIGHT TO CHANGE TERMS AND CONDITIONS
8. WIRELESS PHONE POLICY, ELECTRONIC COMMUNICATIONS, COMPUTER EQUIPMENT, BROWSER ACCESS, AND INTERNET SERVICES
By providing Us your wireless phone number, you expressly consent to Us calling you at this phone number, in person or through an automated system.
You certify that you provided Us your own information and give permission to be contacted at the email address and/or phone number provided by autodialed calls/text messages and/or pre-recorded messages, by Prescryptive about healthcare and consumer products/services, regardless of your status on any State or Federal Do Not Call list. You understand consent is not a condition of purchase. However, withholding or revoking your consent may prevent Us from effectively providing you access to, or supporting your use of, the Sites or Services that rely on contacting you using your email or phone number. Messaging and data rates may apply from your mobile carrier.
Accessing the Sites, sending Us emails or texts, completing online forms, and other communications using your computer or mobile devices constitute electronic communications. You consent to receive all communications from us electronically. You agree that all agreements and consents can be signed electronically, and that all notices, disclosures, orders, records and other communications that we provide you electronically satisfy any legal requirements that such notices, communications, records or consents be in writing. To the extent allowed by law, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Systems”) necessary for you to access and use the Services. This responsibility includes, without limitation, your utilizing up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are additionally responsible for obtaining Internet services via the Internet service provider of your choice, for any and all fees imposed by such Internet service provider and any associated communications service provider charges. You acknowledge that there is certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet, and you hereby expressly assume such risks. You acknowledge that you are responsible for the data security of the Systems used to access the Services, and for the transmission and receipt of information using such Systems. You acknowledge that you have requested access to the Services for your convenience, have made your own independent assessment of the adequacy of the Internet and Systems, and that you are satisfied with that assessment. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your System.
9. CONTENT AND SERVICES ACCESSED THROUGH THE PRESCRYPTIVE SERVICES
You may choose to allow a third-party service provider (such as a Personal Health Record or PHR) to retrieve, provide, modify or otherwise use health and other information in your account or otherwise share your information with the service provider. Once you enable a specific third-party service provider to access your account, the service provider may continue to access your account until you affirmatively disable access. Third-party service providers include both health care providers and other entities. It is your sole responsibility to review and approve each such third-party service before sharing your information through or otherwise accessing it. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE TRAINING OR SKILL OF ANY PROVIDERS WHO PROVIDE YOU SERVICES VIA THE SITES AND SERVICES. USE OF THESE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT YOUR OWN RISK. PRESCRYPTIVE MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT.
10. LINKS TO OTHER SITES
The Sites and Services may contain third party-owned content (e.g., articles, data feeds, abstracts, etc.) and may also include hypertext links to third party-owned websites. We provide such third-party content and links as a courtesy to our users. We have no control over any third-party owned web sites or content referenced, accessed by or available through the Sites and Services and, therefore, we do not endorse, sponsor, recommend or otherwise accept any responsibility for such third-party web sites or content or for the availability of such web sites. IN PARTICULAR, WE DO NOT ACCEPT ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT ANY THIRD-PARTY OWNED CONTENT (WHETHER PUBLISHED ON THE SERVICE, OR ANY OTHER, WEB SITE) INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ANY LIABILITY ARISING OUT OF ANY INFORMATION OR OPINION CONTAINED ON SUCH THIRD-PARTY WEB SITE OR CONTENT. If you link to third-party sites from Prescryptive, you should consult the policy statements of each site you visit.
11. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. PRESCRYPTIVE AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. ACCESS TO THE SERVICES MAY BE INTERRUPTED AND INFORMATION, SERVICES AND MATERIALS MAY NOT BE ERROR-FREE.
NONE OF PRESCRYPTIVE, ITS SUPPLIERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES AND SERVICES OR THE INFORMATION, SERVICES, AND MATERIALS CONTAINED THEREIN ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, SERVICES, AND MATERIALS PROVIDED ON THE SITES OR SERVICES; THEY ALSO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITES OR SERVICE FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SITES AND SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Prescryptive and Our Partners, suppliers and their respective affiliates, employees, officers, directors, agents, servants, and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys’ fees and expenses) related to
(ii) your use of the Services, and
(iii) your posting of material to the Services.
13. APPLICABLE LAW AND DISPUTE RESOLUTION
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE PRODUCTS OR SERVICES OR ANY PART OF THIS AGREEMENT 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. 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 BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE 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 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 Services.
The Services are limited and not available to users outside the United States. Use of the Services 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 Services.
14. MODIFICATION AND TERMINATION OF THE PRESCRYPTIVE SERVICES
15. GENERAL LEGAL TERMS
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations. Nothing in this agreement creates an agency, partnership, or joint venture. Failure to enforce any provision will not constitute a waiver of that provision.
16. SMARTPRICE PROGRAM
Definitions. For purposes of this Article 16 (SmartPRICE Program) the terms set forth below will have the stated definitions. Any capitalized terms used herein and not defined in this Section 16.01 shall have the same meaning as provided in Terms, above.
“SmartPRICE Program” means the pharmacy discount program included with your Prescryptive account at no additional cost.
“Featured Medications” means certain brand medications that are not eligible for purchase under the SmartPRICE Program by certain individuals due to either an age or benefit restriction as described herein. The current list of Featured Medications is set forth in Section 16.10. We retain the right to modify the Featured Medication List in our sole discretion from time to time.
The SmartPRICE Program is not insurance. You agree that you will not use the SmartPRICE 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, including but not limited to any FHBP.
Federal Health Plan Benefits (“FHBP”). You understand and agree that if you are enrolled in a federal health benefit program (“FHBP”), for example Medicare, Medicaid, VA, CHAMPUS, TRICARE, you are not eligible to use the SmartPRICE Program for the purchases of Featured Medications, even if you elect to process the prescription outside of the FHBP and pay cash.
Age 65 and Over. If you are sixty-five years old or older, you are considered Medicare-eligible and are not eligible to use the SmartPRICE Program for the purchase of Featured Medications.
U.S. Residents Only. The Program is only available in the United States, to residents of the United States. If you chose to use the SmartPRICE Program, You represent that you are a resident of the United States.
Not Medical Advice or Endorsement. We do not offer or provide medical advice. The SmartPRICE Program does not create a provider-patient relationship as defined by law, and it is not intended and does not constitute a recommendation or endorsement for any provider, product, service or drug.
Sales Tax. You are solely responsible for any sales tax that may apply to the purchase of products under the SmartPRICE Program.
Prescription Required. If required, you must obtain a prescription for any product purchased under the SmartPRICE Program. The Program is not a substitute for, and we do not provide, a prescription for any products.
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.
Featured Medications. The brand drugs listed here are not eligible for purchase under the SmartPRICE Program if you are over the age of 65 or a member of an FHBP.
17. PARENT/GUARDIAN ATTESTATION
In the event that I register with Prescryptive and schedule a COVID-19 diagnostic test on behalf of a person other than myself, I hereby represent and state that I am the parent, guardian or other representative authorized under applicable law to accept this Informed Consent, Authorization and Release of Claims on behalf of that person and to bind that person to each term set forth herein.
18. CONTACT INFORMATION
Prescryptive is headquartered in Redmond, Washington in the United States of America. Please contact us at:
Prescryptive Health, Inc.
PO Box 403
Redmond, WA 98073
While we make every effort to respond to all emails within one business week, we cannot guarantee a response to every electronic communication.