Terms and Conditions
RX Assist Program
Welcome to RX Assist Program (hereinafter referred to as “Company’ “we,” “us,” or “our”). Before you begin to use RX Assist Program (the “Website’), please take a moment to review these terms and conditions (the “Agreement”) which is a legal agreement. By submitting any information on this Website, you agree to be bound by these terms and conditions.
The Agreement describes the terms and conditions which govern your use of the Website and the service provided through or in connection with the Website (collectively, “Service”), which may be updated by us from time to time without notice to you. Continued use of our Service after posting the changes or modifications constitutes an acceptance by you of the changes or modifications. We and/or independent participating third-party service providers may offer other services that are governed by different terms and conditions and/or privacy policies.
In addition to the terms and conditions set forth elsewhere herein, please note the additional terms and conditions in Section 8 regarding your use of the “Community’ section of RX Assist Program.
Marketing Disclosure; No Marketing Endorsement
This Website is a market place. The services ordered from and accessible via this Website belong to third-parties and not the owner of this Website. The owner of this Website may have a material financial connection to the provider of the services referred to on the Website insofar as the operator may receive payment for each potential customer referral. The owner may be advertising on behalf of a third-party advertiser with whom the provider of the services also has a material financial connection in that both advertisers receive payment for each qualified sale or payment for each potential customer referral.
Redirection to Third-Party Websites
In order to provide you the services you have requested, you are expressly giving your permission to provide any information collected on this Website to third-parties. As such, you are expressly giving your permission for such third-parties to contact you by mail, email, SMS text message or telephone. By registering and using this Website, you agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR ?310 et seq. (the “ATSR”). Notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List (or a state do-not-call list) you have authorized us to contact you via telemarketing in accordance with the ATSR. Further, by registering with, or requesting information from, a third-party provider at or through the Website or other advertisement media made available by us (e.g., telemarketing or email marketing), you agree that such action shall constitute a purchase, an inquiry and/or an application with the respective third-party provider for purposes of the ATSR and you may be contacted via email, SMS text message, direct mail and/or telemarketing by such third-party provider in accordance with the ATSR. If, at any time, you do not wish to be bound by these conditions or you are unsatisfied with the Website, its content or other legal notices, you agree that your sole and exclusive remedy is to discontinue using this Website and you may opt-out using the method given below.
Any/all information that you provide via the Website, email, or otherwise becomes the property of RX Assist Program. You also give us permission to send you periodic updates of services and products which may be of interest to you through email, SMS text message, mail, or telemarketing. You understand that our independent participating third-party providers may maintain the information you submitted to us whether you elect to use their services or not. In the event you no longer want to receive communications from one of our participating third-party providers, you agree to notify the third-party provider directly.
Products and Services
You understand and agree that if you submit a request through the Website, we will share your personal information (e.g., your full name and email address) with independent participating third-party providers in our network to process and fulfill your request. You understand and agree that we are not a party to any agreement that you may make with any independent participating provider whom you choose to use.
The participating third-party provider with whom you may contract to assist you is solely responsible for its services to you. You further acknowledge and agree that we are not recommending any particular third-party provider to you. Any compensation we may receive is paid by the participating third-party provider for advertising services we provided to them. We do not charge you a fee to use the Website. You understand that the requirements for products and services are made and governed by participating third-party providers and we do not endorse, warrant, or guarantee the products or service providers. Nothing contained in this Agreement shall constitute an offer or promise for products or services. You agree that we shall not be liable for any damages or costs of any type which arise out of or in connection with your use of the independent provider’s products or services.
You also give us permission to send you periodic updates of services and products which may be of interest to you. Please note that information we provide you either on the Website or by mail, email, SMS text message or telephone should not be used as the sole basis for your decision to purchase a particular product or retain a particular service provider, and their products and services may not meet your particular needs. Where appropriate, please seek the advice of an appropriate and qualified professional for an assessment of the particular product or service.
Rejection, Termination and Cancellation
RX Assist Program or its independent participating third-party providers may reject any quote request from any person with or without cause at its sole and absolute discretion. Your status as a registered user creates only a customer relationship with Company and does not create an employment relationship, an independent contractor relationship, an agency relationship, or any other relationship. You may cancel your request at any time by sending an e-mail to RX Assist Program.
Prohibited User Conduct; Community
You are prohibited from any conduct that, in our sole discretion, restricts or inhibits any other user from using or enjoying the Website or any linked Website. You are prohibited from accessing or attempting to access private areas of the Website or any other user’s information. You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity. You are prohibited from using any data, content, and any information provided or used on the Website, as well as your use of our Website, products and services which will infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any person or entity, including third-parties. You are prohibited from using any data, content or information which contains or promotes any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct. You are prohibited from harvesting, sweeping, or use any other means, to collect information about users of the Website; using automated means, including spiders, robots, bots, scripts, crawlers, or the like, in connection with any activity on the Website; reselling, assigning, sublicensing, otherwise transferring, or delegating your rights or obligations under these Terms and Conditions without the prior express written authorization of Company; modifying, publishing, transmitting, transferring or selling, reproducing, creating derivative works from, distributing, displaying or in any way exploiting any Website content; or excepting as otherwise expressly permitted on the Website, using any information you may obtain from the Website (including without limitation, user information) to send any other person unsolicited messages, commercial or otherwise, by electronic, telephonic, postal or other means. You may, as applicable, submit textual content and/or submissions at the “Community’ section of the Website. Such content or submissions may or may not be publisher, at our sole discretion. We do not guarantee confidentiality with respect to any content or submissions. We do not encourage or solicit personally identifiable information to be submitted in the Community section of RX Assist Program and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against RX Assist Program. You shall be solely responsible for your own content or submissions and the consequences of posting or publishing them. In connection with such submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize RX Assist Program to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use thereof in the manner contemplated by the Website and this Agreement. The content on the RX Assist Program Website, except all Community content or submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to CobraHealthPlans.com, subject to copyright and other intellectual property rights under the law. Content and submissions on the Website are provided to you AS-IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. RX Assist Program reserves all rights not expressly granted in and to the Website and the content. Third-party content and submissions in the Community section of RX Assist Program are made available to you for your information and personal use. You understand that when using the RX Assist Program Website, you may be exposed to third-party content and submissions from a variety of sources, and that RX Assist Program is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to same. You further understand and acknowledge that you may be exposed to third-party content and submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. For clarity, you retain all of your ownership rights in your content or submissions. However, by submitting to us, you hereby grant RX Assist Program a worldwide, non-exclusive, royalty-free, sub-license able and transferable license to use, reproduce, distribute, edit, and display same in connection with the Website and RX Assist Program (and its successors’ and affiliates’) business, including without limitation for promoting and re- distributing part or all of the RX Assist Program Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the RX Assist Program Website a non-exclusive license to access your User Submissions through the Website under these Terms of Service. You understand and agree, that RX Assist Program may retain, but not display, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable. In connection with third-party content and submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to pos t the material and to grant RX Assist Program all of the license rights granted herein. RX Assist Program do not endorse any third-party content or submissions or any opinion, recommendation, or advice expressed therein, and RX Assist Program expressly disclaims any and all liability in connection therewith. We do not permit copyright infringing activities and infringement of intellectual property rights on our Website, and we will remove all Content and submissions if properly notified that same infringes on another’s intellectual property rights. We reserve the right to remove content and submissions without prior notice.
By completing the quote request form on the Website, you are giving your consent to receive promotions or newsletters from us, our affiliates and/or third- party marketers. If you do not wish to receive marketing materials via mail, email, SMS text message or telephone call, you may request to be removed by using the opt-out mechanism listed in the messages you receive or by contacting us directly. Exercising an opt-out mechanism only applies to the company with which you exercised that right. In the event you no longer want to receive communications from one of our providers, you agree to notify the third- party provider directly.
Third-Party Content/Promotions, Third-Party Products/Services and Third-Party Website Activities
The Website may display and make available content, promotions, advertisements, and offers provided by third-parties (“Third-Party Promotions’), as well as goods and services offered by third-parties (“Third-Party Products’). You understand and agree that Company shall not be responsible and shall have no liability for any Third-Party Promotion or Third-Party Products or for your activities on any third-party websites for whom Company displays offers (“Third-Party Website Activity’), and that you participate in or choose to click on a Third-Party Promotion, purchase and/or use a Third-Party Product, or participate in a Third-Party Website Activity solely at your own risk. You agree that your sole remedy in connection with any Third-Party Promotion, Third-Party Product or Third-Party Website Activity will be with the applicable Third-Party offering the Third-Party Promotion, Third-Party Product or Third-Party Website Activity and that you shall have no remedy against Company arising from your use of or participation in, or inability to use or participate in, any Third-Party Promotion, Third-Party Product or Third-Party Website Activity.
Relationship with Marketing Providers
This is an independent Website and is not affiliated with any of the listed products or services. All trademarks, service marks, logos, and/or domain names displayed are registered and/or unregistered marks of their respective owners, who have no association with or make any endorsement of the products or services provided by this Website. Furthermore, participating providers are independent third-parties and this Website is not acting as an insurance company/agent/provider, a representative, a bank, a financial or lending institution, or a licensee of same. We do not provide insurance, financial quotes or policies. The service is not used for insurance or credit decisions. Quotes are provided by independent participating third-party providers and/or agents. This is an insurance comparison service that matches consumers with prospective insurance or financial agents, depending upon your quote request information and applicable regulations. By completing the comparison form, you expressly consent to be contacted by a representative, an insurance agent or insurance company, including via telephone, even if your number is listed on the Do Not Call registry. Providing your information does not guarantee that you will be approved. We do not endorse or charge you for any service or product. The states serviced by us may change from time to time, and without notice. This service and offer are void where prohibited. For details, questions or concerns, please contact your third-party provider and/or agent directly.
You may be able to link to third-parties’ Websites (“Linked Websites’) from the Website. Linked Websites are not, however, reviewed, controlled or examined by RX Assist Program in any way and we are not responsible for the content, availability, advertising, products or other materials of any such Linked Websites, or any additional links contained therein. Except as otherwise noted on the Website, these links do not imply Company endorsement of, or association with, the Linked Websites. In no event shall Company be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Websites, the Linked Websites themselves, your participation in activities on such Linked Websites, or the information, material, products or services accessed through these Linked Websites. You should direct any concerns to that Linked Website’s administrator or webmaster. Company reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Websites from the Website and/or introduce different features or links.
Intellectual Property Rights
The Website contains intellectual property owned by Company and other parties. As between RX Assist Program and you, we are the sole owner of the Website and all materials on or available through the Website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively, the “Website Content’). Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Website content or any portion thereof, for any purpose. However, you may print a copy of individual screens appearing as part of the Website content solely for your personal, non-commercial use or records, provided that any Company or other marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the Website content unless you first obtain prior written consent from Company (and from all other entities with an interest in the relevant intellectual property). Any unauthorized attempt to modify any Website content, to defeat or circumvent Company security features, or to utilize this Website for other than its intended purposes is strictly prohibited.
Disclaimer of Warranties
Except as expressly set forth herein, we are not responsible for any incorrect or inaccurate information or entry of information, whether caused by users of the Website or by any of the equipment or programming associated with or utilized in connection with the Website or the products or services provided on or through the Website, or by any technical or human error which may occur in the processing of information received by Company. Company assumes no responsibly for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with the Website. Company is not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on- line systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from use of the Website or Website Content
THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS PROVIDED “AS IS’ AND “AS AVAILABLE,’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, COMPANY, AND ITS PARENT, SUBSIDIARIES, PARTNERS, AGENTS, REPRESENTATIVES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, ADVERTISORS, SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE WEBSITE, AND THE WEBSITE CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT OR GUARANTEE THAT ANY PORTION OF THE WEBSITE OR THE WEBSITE CONTENT WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR THAT ACCESS TO THE WEBSITE OR WEBSITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability
IN NO EVENT WILL COMPANY, ITS PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, REPRESENTATIVES, LICENSORS, PROVIDERS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE OR WEBSITE CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE OR THE WEBSITE CONTENT.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Monitoring Website Usage
You agree that we may electronically monitor the Website and disclose any content, records, or electronic communication of any kind to satisfy any legal process or request; to operate the Website; or to protect our rights or the rights of the users, sponsors, providers, licensors, or merchants.
Indemnification and Release
You agree to defend, indemnify and hold RX Assist Program, its parents, subsidiaries, partners, agents, affiliates, representatives, licensors, providers, successors and assigns and their respective officers, directors, employees and shareholders harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from, in connection with or as a result of your use or inability to use the Website and or Website Content, any information provided to you by the Website, or any violation of these Terms and Conditions by you.
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE COMPANY AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS, AND CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
Dealings with Third-Parties
Your correspondence or business dealings with any third-parties as a result of your use of this Website and participation in the Service, including, but not limited to, business dealings with service providers, or any other terms, conditions, warranties, and/or representations associated with such dealings, are solely between you and such third-party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-parties on the Website.
This Agreement will be interpreted in accordance with the laws of the State of New York, without regard to conflicts of laws principles thereof. The parties agree that any and all disputes, claims or controversies arising out of or relating to the Agreement, its interpretation, performance, or breach, that are not resolved by informal negotiation within thirty (30) days (or any mutually agreed extension of time), shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA’) in New York County, New York. Either party may commence the arbitration process called for herein by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures in effect at the time of submission of the demand for arbitration. The costs of arbitration plus reasonable attorneys’ fees (including fees for the value of services provided by in-house provider) shall be awarded to the prevailing party in such arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction, including, without limitation, the state and federal courts of the New York County, New York. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of New York County, New York: (i) any dispute, controversy, or claim relating to or contesting the validity of Company’s proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or, (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief
Waiver and Severability of Terms
The failure by RX Assist Program to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
This Agreement constitutes the entire agreement between you and Company and governs your use of the Website and Service, superseding any prior agreements. You also may be subject to additional terms and conditions that may apply when you use or purchase other Company services, affiliated services, third party content or third party software.
Statute of Limitations
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARE OR BE FOREVER BARRED.
The Advocate Assistance Program is available to individuals of all ages and is available in all states.
CERTAIN STATE ANCILLIARY BENEFIT EXCLUSIONS NO SERVICE AND LIMITED SERVICE STATES FOR LAB BENEFITS:
MARYLAND AND MASSACHUSETTS PROHIBIT DIRECT ACCESS TESTING.NO LAB BENEFITS ARE AVAILABLE IN THESE STATES.
NO SERVICES AVAILABLE IN THE FOLLOWING STATES.
NORTH DAKOTA, SOUTH DAKOTA AND VERMONT ONLY OFFER ACCESS TO SPECIALTY LAB TESTING AND SCREENINGS ARE NOT AVAILABLE.
THERE IS DIRECT ACCESS TO LAB TESTING IN NEW YORK, NEW JERSEY AND RHODE ISLAND. SPECIAL CONDITIONS APPLY: THERE IS REQUIRED ACCESS TO A SEPERATE WEBSITE DUE TO THESE SPECIAL CONDITIONS ANNUAL NO COST WELLNESS IS NOT AVAILABLE IN THESE STATES.
For further information and correspondence regarding these Terms and Conditions, please contact us:
Americo Group, Inc.
109 East 17th street
Cheyenne, Wyoming 82001