COPYRIGHT AND TRADEMARK INFORMATION
Copyright ©2015 Health Rx Scripts, 900 S. Wayside Dr. Suite 400 A, Houston TX 77023. All rights reserved. We or our content providers own all of the content on our web site and our mobile applications (collectively the “Services”), including text, customized graphics, photographs, music, data, images, audio and video clips and software. This property is protected by U.S. and international copyright laws. In addition, the manner in which we have compiled, arranged and assembled our content is protected by worldwide copyright laws and treaty provisions.
Hypertext linking to these Services is permitted. However, Health Rx Scripts Pharmacy reserves the right to disable any link to any site Health Rx Scripts Pharmacy believes contains scandalous, offensive, obscene, scurrilous or inappropriate content or that, in the sole opinion of Health Rx Scripts Pharmacy, adversely affects the goodwill of Health Rx Scripts or any trademark or service mark of Health Rx Scripts Pharmacy or its subsidiaries. Health Rx Scripts Pharmacy expressly reserves all available legal rights and remedies for any cause predicated on hypertext linking to these Services from any other site. “Framing” or any other use of these Services that serves to affect the identity of these Services or the source of the content of these Services is prohibited.
You may use the content on our Services only for your own personal, non-commercial shopping and information purposes. Copying, publishing, broadcasting, modification, distribution or transmission in any way without the prior written consent of Health Rx Scripts is strictly prohibited. Health Rx Scripts reserves title and full intellectual property rights for materials downloaded or otherwise received from these Services. We hereby grant you permission to download, print and store selected portions of our content (as defined below). However the copies must be for your own personal and non-commercial use, you cannot copy or post the content on any network computer or broadcast it in any media, and you cannot alter or modify the content in any manner. You also may not delete or change any copyright or trademark notices.
Health Rx Scripts as well as other names, button icons, text, graphics, logos, images, designs, titles, words or phrases, audio clips, page headers and service names used on these Services are the trademarks, service marks, trade names or other protected intellectual property of Health Rx Scripts Pharmacy or its subsidiaries. They may not be used in connection with any third party products or services. All other brands and names are the property of their owners.
Health Rx Scripts Pharmacy’s automated touch-tone prescription refill system is licensed under the following United States Patents: 5,128,984; 5,561,707; 5,684,863; 5,815,551; 5,828,734; 5,898,762; 5,917,893; 5,974,120; and others.
NOTE ABOUT PRICING
Health Rx Scripts makes every effort to provide accurate information about products and their pricing on the Services. However, pricing and/or typographical mistakes may, on rare occasions, appear on these Services or Health Rx Scripts.com. For this reason, Health Rx Scripts cannot guarantee the price of an item until after you have ordered it. In the event an item appears with an incorrect price or with inaccurate product information, Health Rx Scripts reserves the right to cancel any orders for the item. If an order you placed is cancelled due to mispricing, Health Rx Scripts will notify you of the cancellation. Prices and availability are subject to change without notice.
NOTE ABOUT QUANTITY LIMITS
Health Rx Scripts reserves the right to set quantity-per-order limits on any and all items sold on these Services or Health Rx Scripts.com. Health Rx Scripts may also limit the item quantity available to any single person or household over a given period of time. These restrictions may be applied to orders using the same credit card or billing or shipping address.
NOTE ABOUT PRODUCT SUBSTITUTIONS
A substitute will only be made in the event an item is out of stock and the identical brand and product is available in a form that is of equal or greater value, e.g. larger quantity, packaged with a trial sample, updated product packaging, etc. A product substitution will occur at no extra cost and, if the substituted item is less expensive than the original item, the lower price will be charged.
WARRANTY DISCLAIMER
WE PROVIDE CONTENT ON THESE SERVICES AS A SERVICE TO YOU, OUR CUSTOMER. OUR SERVICE CANNOT, AND DO NOT, CONTAIN INFORMATION ABOUT ALL MEDICAL CONDITIONS. IT MAY NOT CONTAIN ALL INFORMATION THAT IS APPLICABLE TO YOUR PERSONAL CIRCUMSTANCES. THE CONTENT IS NOT INTENDED FOR DIAGNOSIS AND SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH YOUR PHYSICIAN. THE CONTENT OF THESE SERVICES, THE SERVERS THAT MAKES THEM AVAILABLE, AND THE SERVICES AND PRODUCTS WE PROVIDE THROUGH OUR SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. Health Rx Scripts EXPRESSLY DISCLAIMS LIABILITY FOR TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED OR DELAYED COMPUTER TRANSMISSIONS AND/OR TECHNICAL INACCURACIES, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES.
TO THE FULL EXTENT NOT PRECLUDED BY APPLICABLE LAW, HEALTH RX SCRIPTS PHARMACY, HEALTHSCRIPTSRX.COM, THEIR MEDICAL ADVISORS, SUPPLIERS, CONSULTANTS, DIRECTORS AND EMPLOYEES (COLLECTIVELY THROUGHOUT, “HEALTH RX SCRIPTS”) DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL SERVICES, INFORMATION AND/OR PRODUCTS CONTAINED ON THESE SERVICES, OR LINKED HERETO (COLLECTIVELY THROUGHOUT, “CONTENT”), EXPRESS, IMPLIED OR STATUTORY. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HEALTH RX SCRIPTS DOES NOT WARRANT CONTENT TO BE ACCURATE, COMPLETE OR CURRENT. HEALTH RX SCRIPTS DOES NOT WARRANT THAT ITS SERVICES WILL OPERATE WITHOUT ERROR, THAT DEFECTS WILL BE CORRECTED OR THAT THESE SERVICES OR THE SERVERS MAKING THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRICE AND AVAILABILITY CONTENT, AS WELL AS OTHER CONTENT CONTAINED IN THE SERVICES OR ACCESSIBLE THEREFROM, IS SUBJECT TO CHANGE WITHOUT NOTICE.
THESE SERVICES INCLUDE CONTENT PROVIDED BY THIRD PARTIES AND YOU, OUR CUSTOMER. HEALTH RX SCRIPTS IS A DISTRIBUTOR OF SUCH CONTENT AND NOT ITS PUBLISHER. HEALTH RX SCRIPTS EDITORIAL CONTROL OF SUCH CONTENT IS THE SAME AS THAT OF A PUBLIC LIBRARY OR NEWSSTAND. OUR THIRD PARTY SUPPLIERS MAY EXPRESS CERTAIN OPINIONS OR PROVIDE CERTAIN INFORMATION AND OFFERS. HEALTH RX SCRIPTS MAKES NO WARRANTIES AS TO THE COMPLETENESS, ACCURACY, TIMELINESS, OR RELIABILITY OF INFORMATION OR OFFERS SUPPLIED BY THIRD PARTIES AND PUBLISHED BY HEALTH RX SCRIPTS. HEALTH RX SCRIPTS DOES NOT GUARANTEE OR WARRANT THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY’S CONFORMANCE TO ANY LAW, RULE, REGULATION OR POLICY.
HEALTH RX SCRIPTS DOES NOT WARRANT THAT INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THESE SERVICES WILL SATISFY YOUR REQUIREMENTS OR THAT THEY ARE ERROR OR DEFECT-FREE. BEFORE USING ANY PRODUCT, YOU SHOULD CONFIRM ANY INFORMATION OF IMPORTANCE TO YOU ON THE PRODUCT PACKAGING. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS AND LEGALITY OF ANY INFORMATION YOU SUPPLY HEALTH RX SCRIPTS. THESE SERVICES ARE OPERATED IN THE STATE OF ILLINOIS, UNITED STATES OF AMERICA AND HEALTH RX SCRIPTS MAKES NO WARRANTY OR REPRESENTATION THAT CONTENT IS APPLICABLE OR APPROPRIATE FOR USE IN OTHER LOCATIONS.
HEALTH RX SCRIPTS RESERVES THE RIGHT TO LIMIT QUANTITIES ON ALL ITEMS. EACH ADVERTISED ITEM MUST BE READILY AVAILABLE FOR SALE, UNLESS SPECIFICALLY NOTED ON THESE SERVICES WILL NOT ISSUE A RAIN CHECK OR PLACE A BACKORDER FOR ITEMS THAT ARE OUT OF STOCK.
BY YOUR USE OF THESE SERVICES, YOU ACKNOWLEDGE THAT SUCH USE IS AT YOUR SOLE RISK, INCLUDING RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH THESE SERVICES.
AS PARTIAL CONSIDERATION FOR YOUR ACCESS TO OUR SERVICES AND USE OF THE CONTENT, YOU AGREE THAT HEALTH RX SCRIPTS IS NOT LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR DECISIONS YOU MAY MAKE OR YOUR ACTIONS OR NONACTIONS IN RELIANCE UPON THE CONTENT. YOU ALSO AGREE THAT THE AGGREGATE LIABILITY OF HEALTH RX SCRIPTS ARISING FROM OR RELATED TO YOUR USE AND ACCESS, REGARDLESS OF THE FORM OF ACTION OR CLAIM (FOR EXAMPLE, CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD, INFRINGEMENT OR OTHER BASES FOR CLAIMS), IS LIMITED TO THE PURCHASE PRICE OF ANY ITEMS YOU PURCHASED FROM HEALTH RX SCRIPTS IN THE APPLICABLE TRANSACTION. HEALTH RX SCRIPTS SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF HEALTH RX SCRIPTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND. IF YOU ARE DISSATISFIED WITH OUR SERVICES OR THEIR CONTENT (INCLUDING THESE TERMS AND CONDITIONS OF USE), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION MAY NOT BE APPLICABLE TO YOU.
ADDITIONAL RESTRICTIONS
You agree that you will not under any circumstances:
Use or design cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party or other software designed to modify or interfere with the Services;
Execute, assist, encourage, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Services, or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services;
Try to gain unauthorized access to the Services, accounts registered to others or to the any computer or server used to offer or support the Services, or networks connected to the Services by any means other than the user interface provided by us, including but not limited to, by circumventing or modifying or causing to be modified, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, files, or software that is part of the Services;
Use, facilitate, create, or maintain any unauthorized connection to the Services, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Services; or (2) any connection using programs, tools, or software not expressly approved by Health Rx Scripts;
Use any unauthorized third party or other software that accesses, intercepts, “mines”, or otherwise collects information from or through the Services or that is in transit from or to the Services, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Services to store information;
Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server, or the Services, whether through the use of a network analyzer, packet sniffer or any other tools;
Make any automated use of the Services, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
Bypass any robot exclusion headers or other measures we employ to restrict access to the Services or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Services, or harvest or manipulate data; or
Interfere or try to interfere with the proper functioning of the Services, or connect to or use the Services in any way not expressly permitted by these Terms and Conditions of Use, including disrupting, overburdening, or assisting in or encouraging the disruption or overburdening of (1) any Service server; or (2) the enjoyment of the Services by any other person.
MODIFICATION OF TERMS
Health Rx Scripts reserves the right to amend these Terms and the additional Terms here below at any time, and for any reason, including the right to terminate the Service or any part of the Service. Health Rx Scripts will notify users of amendments or modifications made to the Terms.
ENTIRE AGREEMENT, VENUE AND CHOICE OF LAW
These Terms, including the additional Terms relating to Health Rx Scripts.COM here below, constitute the entire agreement between you and Health Rx Scripts governing your use of these Services. These Terms may be changed or updated at any time at the sole discretion of Health Rx Scripts. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use services of other parties affiliated with Health Rx Scripts Pharmacy, third-party content or third-party software.
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to choice of law rules. Any claims arising out of or in connection with these Services shall be resolved in accordance with the procedures outlined below in the section entitled DISPUTES WITH Health Rx Scripts. Any claims arising in connection with the use of these Services must be brought within one (1) year of the date of the event giving rise to such action.
If any part of this Agreement is ruled to be unenforceable, then such part shall be eliminated or limited to the minimum extent necessary. The remainder of the Agreement, including any revised portion, shall remain and be in full force and effect.
The failure of Health Rx Scripts Pharmacy to exercise or enforce any Term will not constitute a waiver of such Term. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.
DISPUTES WITH Health Rx Scripts
You and Health Rx Scripts agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the provisions set forth in this. Please read this Section carefully. It affects your rights and will impact how claims you and we have against each other are resolved.
Contact Health Rx Scripts first. If a dispute arises between you and Health Rx Scripts, our goal is to address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Health Rx Scripts regarding the Health Rx Scripts Services may be reported to Customer Service online at http://www.healthscriptsrx.com, at any time, or by phone at the number listed in the Customer Service section of the site.
Applicable Law. You agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern the Terms of Use and any claim or dispute that has arisen or may arise between you and Health Rx Scripts, except as otherwise stated in this User Agreement.
Agreement to Arbitrate. You and Health Rx Scripts each agree that any and all disputes or claims that have arisen or may arise between you and Health Rx Scripts shall be resolved exclusively through final and 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 Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND HEALTH RX SCRIPTS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND HEALTH RX SCRIPTS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER HEALTH RX SCRIPTS USERS.
Arbitration Procedures. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website at http://www.adr.org.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Health Rx Scripts may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Health Rx Scripts subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Health Rx Scripts, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Illinois, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Health Rx Scripts users, but is bound by rulings in prior arbitrations involving the same Health Rx Scripts user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, Health Rx Scripts will pay all filling, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Health Rx Scripts should be submitted by mail to the AAA along with your Demand for Arbitration and Health Rx Scripts will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Health Rx Scripts will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Health Rx Scripts for all fees associated with the arbitration paid by Health Rx Scripts on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
Severability. With the exception of any of the provisions in subsection (a) of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in subsection (a) of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the User Agreement, including all other provisions of this section (Disputes with Health Rx Scripts), will continue to apply.
Opt-Out Procedure. You can choose to reject this Agreement to Arbitrate (“opt out”) by mailing us a written opt-out notice (“Opt-Out Notice”). For new Health Rx Scripts users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you accept the User Agreement for the first time. [If you are already a current Health Rx Scripts user and previously accepted the User Agreement prior to the introduction of this Agreement to Arbitrate, the Opt-Out Notice must be postmarked no later than 30 days after you first accept and acknowledge these revised Terms. You must mail the Opt-Out Notice to Health Rx Scripts Pharmacy, Attn: Litigation and Regulatory Law Department, 900 S. Wayside Dr. Suite 400 A, Houston TX 77023.
The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address, phone number, and the email address(es) used to log in to the Health Rx Scripts account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the User Agreement, including all other provisions of this section, will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
AUTO–REORDER & SAVE
CONSENT:
By placing, modifying and/or canceling any auto-reorder, you expressly and affirmatively consent and agree to terms and conditions of the Auto-Reorder & Save program described herein. These terms and conditions are subject to change.
NOTICE:
We reserve the right to cancel any order, in whole or in part, for any reason. Such reasons may include, but are not limited to, product availability, price discrepancy, or pricing error. Otherwise, your auto-reorders will continue until you cancel or change them.
SHIPMENT:
Your first order (“Initial Order”) will be processed with the shipping method you confirm during checkout. All future shipments for your items scheduled to auto-reorders (“auto-reorders”) are sent FREE with standard shipping only.
RECURRING CHARGES:
The payment method you use for your initial order will be used again for your auto-reorders, unless you stop your auto-reorders or update your payment information.
PRICING:
For your Initial Order, you will be charged the price displayed during checkout. For auto-reorders, you will be charged either (1) the sale price in effect at the time the order is processed, or (2) the current price less a discount of 10% or more; whichever is better.
Applicable promo codes will be applied to your Initial Order only.
PRICE CHANGES:
The price you pay for an Initial Order is not guaranteed for auto-reorders. If the price advertised for any of your items is changed on healthscriptsrx.com, this price change will also apply to your items scheduled for auto-reorder. You will not be notified of price changes before your auto-reorder items are processed and shipped.
CHANGING OR CANCELING REORDERS:
To view and manage your auto-reorders, sign into your account and click “Auto-Reorder Manager” under the Orders & History tab in Your Account.
Or look for the email we send five days before each shipment of auto-reorder items and you can make changes then. To make a change to an item scheduled to auto-reorder, click edit next to the setting you wish to change. To stop an auto-reorder, use one of the following options:
If you no longer want to receive an item in auto-reorders at all, click Cancel next to that item to delete it from the page completely.
The Skip Next Shipment button next to each item only skips one auto-reorder shipment. Later auto-reorders will continue to be sent on your regular schedule.
Each auto-reorder shipment has a deadline for cancellation or changes that is posted on the Auto-Reorder Manager page. Any changes you make before the deadline will apply to the next scheduled reorder. Changes after the deadline will not affect reorders already in progress, but will apply to future reorders.
If you are unable to access the Auto-Reorder Manager page on a mobile device, please switch to the desktop site or call us for assistance.
