These terms and conditions are entered into by and between you and Rx Savings Solutions and our affiliates (collectively, “Rx Savings,” “we,” “us,” or “our”) and govern your use of the Services (as defined below) made available by Rx Savings. These Terms and Conditions of Use (“Terms”) govern your access to and use of the Services. By using the Services, you accept and agree to these Terms; please read them carefully before creating an account or using the Services.
1. Services. We offer products and services to your employer’s health plan to assist them in offering benefits to you and your dependents. We may also directly offer you additional products and services that are not part of your health plan benefits and are provided solely by us. Some of these products and services are provided through our website, mobile app and other forms of communication, which, in combination with all related Content, constitute the “Services.”
2. Eligibility to Use Services. We only offer our Services to United States residents 18 years of age or older and by using them, you represent you meet these eligibility requirements. If you do not meet requirements, you must not create an account or attempt to use our Services.
3. Privacy Notice. Your privacy is important to us. Our Privacy Notice is incorporated into these Terms by reference. By accepting these Terms, you agree to the collection, use, and sharing of information through the Services in accordance with the Privacy Notice. Please read the Privacy Notice carefully. It can be found here: http://www.rxss.com/privacy-notice. If you are a user of the RxSS Pharmacy Services (as defined in Section 5 below), please review the RxSS Plus Privacy Notice. It can be found here: http://www.rxssplus.com/privacy-notice
4. Modification of 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 Website and can be accessed here: www.rxss.com/terms-and-conditions. All changes will be effective immediately upon posting to the Website. We encourage you to periodically review these Terms. If we make material changes to these Terms, we will notify you on the Website by posting a conspicuous notice. When we do change these Terms, we will also revise the “last updated” date. Your continued use of the Website after such date constitutes your agreement to these Terms and any updates.
5. RxSS Plus Pharmacy Services. In collaboration with your employer’s health plan, the Services may include an option to select a pharmacy within the CoverMyMeds Pharmacy Network to fulfill your prescriptions or provide other Pharmacy Services. For purposes of these Terms, the “CoverMyMeds Pharmacy Network” shall include RxSS Plus and other pharmacies owned by CoverMyMeds LLC or affiliated with CoverMyMeds LLC. “Pharmacy Services” shall mean the receipt, processing, fulfillment, and/or dispensing of a prescription, or any coordination necessary to further the dispensing of a prescription. You may select an unaffiliated pharmacy of your choice to perform any of the Pharmacy Services listed above. By selecting any pharmacy within the CoverMyMeds Pharmacy Network to provide the Pharmacy Services, you authorize RxSS to send and disclose to the CoverMyMeds Pharmacy Network all information you have provided to RxSS, including health care records, and other applicable health care information and personal information (such as your name, location and demographic information).
In order to efficiently serve you, we may determine it is necessary to transfer your prescriptions from one pharmacy within the CoverMyMeds Pharmacy Network to another. By agreeing to these terms, you expressly authorize and affirmatively request that we transfer your prescriptions between pharmacies within the CoverMyMeds Pharmacy Network when necessity and/or efficiency require. Your prescription label will always contain the address and phone number of the pharmacy or pharmacies that have filled your prescription.
If you choose the CoverMyMeds Pharmacy Network for the provision of Pharmacy Services, you acknowledge that your medication will not be shipped in child-resistant packaging and that you must keep it out of the reach of children.
By accepting these Terms you indicate that, by default, you consent to receive written medication counseling by mail. You may call RxSS Plus at any time to ask questions about your medications by telephone at: 614-454-3325.
6. Returns and Refunds. Pharmacies are not permitted to accept returned medications from patients. Once a prescription is dispensed by any pharmacy within the CoverMyMeds Pharmacy Network, the order is final and cannot be returned or refunded. If you wish to modify or cancel your prescription order, you must notify us before a pharmacy within the CoverMyMeds Pharmacy Network begins to prepare your prescription for dispensing.
If your medication has been damaged during transit, please notify us within two business days of the date of receipt. If you have not received your medication, please notify us within four business days of the date of shipping notice.
7. Payments. You agree to pay all fees due for services requested at the fees and pursuant to all payment terms presented to you when engaging in transactions. Prices are subject to change at any point in our sole discretion. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due, including recurring fees associated with prescription refills.
You understand and agree that you are responsible for all fees due to receive Pharmacy Services, including any fees charged by the health care organization(s) or provider(s) that provide services to you in connection with the Services. Your payments to RxSS may include fees charged by health care organization(s) or provider(s) for Pharmacy Services, which RxSS collects on their behalf. Any Pharmacy Services not provided by the RxSS Pharmacy Network or otherwise made available through the Services are not included in the payments collected by RxSS and you may be separately charged by the applicable health care organization(s) and/or provider(s) for such services. In the event that your credit card expires or RxSS, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. RxSS and/or the health care organization(s) and/or provider(s) have no obligation to provide any Pharmacy Services unless and until full payment has been received and/or verified. You are responsible for keeping your payment information (such as credit card number and billing address) accurate and up to date at all times.
EXCEPT AS OTHERWISE SET FORTH IN ANY RETURN OR REFUND POLICY PROVIDED TO YOU ON THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT DUE TO THE NATURE OF THE PRODUCTS AND SERVICES PURCHASABLE THROUGH THE SERVICES ANY APPLICABLE FEES AND OTHER CHARGES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
8. Information Only – No Medical Advice. The Services may recommend to you opportunities to save money on your medications, or offer you additional services related to access, affordability, or adherence to your prescribed treatment. Some recommendations may require approval or a new prescription from a licensed healthcare provider. The Services provide cost savings information only and are not medical advice. are not intended as medical advice or a substitute for competent medical care. Except as provided to patients who have opted into the Pharmacy Services, we do not evaluate your prescription medication profile to check for drug interactions or allergic reactions. It is your responsibility to discuss all medications and investigate any adverse side effects, complications or allergic reactions with a licensed prescriber. Rx Savings does not endorse any specific prescription medication, healthcare provider, medical service, or treatment. Except as provided to patients who have opted into the Pharmacy Services, all information provided through the Service is based off of cost savings information only. IN AN EMERGENCY, IMMEDIATELY CONTACT 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
9. Use of Service. Under these Terms, the Service you are provided by Rx Savings is for your sole use. The Service, including the prescription profile and cost savings report, is individualized and is not for use by any third party; provided, however, any information provided to you regarding your dependents may be shared with such dependent. Except as otherwise provided in these Terms, you shall not provide any third party, for any reason, the information transmitted from Rx Savings to you pursuant to the Service, in whatever form including oral, written or electronic (the “Service Information”), except to any licensed medical provider and/or pharmacy for the approval of any change in medication or prescription. You shall not use for your own benefit (excluding for the purpose of the Services to provide a prescription cost savings benefit for you and your dependents), publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Rx Savings, any Service Information.
10. Registration; Customer Accounts; Use of Service. Certain services offered on or through the Service require you to register for an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. Please contact us immediately using the contact information listed at the end of these terms or by emailing our Privacy Officer at [email protected]. You may be held liable for losses incurred by us or any other user of the Service due to someone using your customer account. You may not use anyone else’s customer account unless you are their legally authorized representative (e.g., parent or guardian of a minor child or healthcare agent under a valid Power of Attorney for an incapacitated person). You may not attempt to gain unauthorized access to the Service, and if you attempt to do so or assist others in making such attempts, we may terminate your account and your access to the Service or any part thereof. You agree to provide us with accurate information about yourself as prompted by the registration process and update that information to keep it current.
You may not use any automatic device, program or technology, or any equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. You agree that you will not take any action that imposes an unreasonable or disproportionate load on the infrastructure of the Service.
11. Third-Party Information. If you submit any information to us through the Services, including any medical or other personal information of a third party, then you represent and warrant that you (a) are authorized to submit such information to us; and (b) you are authorized to receive Service Information, and any other information, from us on behalf of such third party; this may include providing your information to a third-party business entity that may provide coupons, drug manufacturer discount cards and/or other discount cards and programs. Any Service Information that you may obtain from us regarding a third party shall be for your and such third party’s sole use in accordance with these Terms and may not be shared with any other third party for any reason beyond those exceptions discussed in these Terms.
12. Service offered within the U.S. Only. We provide this website for use only by persons located in the United States and receiving healthcare from providers licensed and located in the United States. We make no claim that the website or any of its content is accessible or appropriate outside of the United States. If you access the website from outside the United States, you do so on your own initiative and are responsible for compliance with local applicable laws.
13. Discontinued Operation of Service; Termination of Access. Rx Savings may, without notice and at any time, modify, suspend, or discontinue all or any part of the Service or related products and services. Rx Savings is not liable to you or to any third party for any modification, suspension or discontinuation of the Service.
Your right to use the Service terminates automatically if you fail to comply with these Terms. Rx Savings may disable your account or terminate your right to access or use the Service or any portion thereof, without notice, at any time, with or without cause, or if we believe in our sole discretion, you have violated any applicable law, these Terms, or otherwise acted in a way that is harmful to the interests of another user, Rx Savings or its contractors, vendors and content providers (collectively, “Providers”).
Upon termination, you must stop using the Service. Any rights and obligations under these Terms which, by their nature should survive, will survive and remain in effect after any termination or expiration of the Terms.
14. Content. “Content” collectively refers to the provision of our website and services comprising the Service, each of their respective components, all content provided by or through the Service, together with the user interface, the compilation and arrangement of the websites, mobile applications, text messaging services, and the text, photographs, audio and video, graphics, logos, illustrations, descriptions, data, and other material available on or through the website, mobile applications, and text messaging services. Rx Savings may change, delete or update any Content at any time and without notice.
The company name, terms, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Rx Savings or its affiliates or licensors. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks and other proprietary rights that are owned by Rx Savings or its Providers. Content is for your personal use only. You may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content, or use data mining, robots or similar data gathering or extraction tools with the Service. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Rx Savings or its Providers without our express, written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express, written consent. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in a writing signed by Rx Savings, is strictly prohibited.
Rx Savings has patented its cost savings solution software utilized as part of the Service and such software is protected under U.S. Patent No. US 8,799,018, and any infringement on such patent is strictly prohibited and in violation of law.
Upon agreeing to these Terms, you expressly agree to receive Content and communications from Rx Savings in all electronic forms, including but not limited to, by email. If, at any time, you choose to no longer receive emails or other forms of communication from Rx Savings, then you may notify us by calling 1-800-268-4476. We reserve the right to continue communicating with you as necessary to provide you with the Service if you continue to use an part of it. If you agree through our service to receive Content and communications via text (SMS) messaging, then you shall receive notifications via text/SMS messaging until you opt-out of such messaging per those terms. Although Rx Savings does not charge you for its text message service, standard messaging and data rates may apply. Rx Savings assumes no liability or responsibility for any charges incurred by you relating to the Service or any text messages sent or received as part of the Service. If you choose to no longer receive text messages from us, text “STOP” to 33084.
15. Disclaimer of Warranties. THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS”, AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER RXSAVINGS NOR OUR AFFILIATES, MEMBERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, CONTRACTORS, MANAGERS, OFFICERS, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “RX SAVINGS PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES; (B) SERVICES CONTENT; (C) THIRD-PARTY CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO RX SAVINGS OR VIA THE SERVICES. IN ADDITION, THE RX SAVINGS 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 RX SAVINGS PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVERS THAT MAKES THE SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE RX SAVINGS PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE ACCURATE, COMPLETE, OR USEFUL OR THAT YOU WILL RECEIVE ANY ANTICIPATED SAVINGS. RX SAVINGS IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF TELECOMMUNICATIONS, THE INTERNET, WIRELESS NETWORKS, AND ELECTRONIC COMMUNICATIONS. RX SAVINGS IS NOT RESPONSIBLE FOR ANY DELAYS, INACCURACIES, DELIVERY FAILURES, OR OTHER FAILURES OR DAMAGE RESULTING FROM THOSE PROBLEMS OR ANY OTHER PROBLEMS OUTSIDE OF RX SAVINGS’ REASONABLE AND DIRECT CONTROL, INCLUDING WITHOUT LIMITATION TELECOMMUNICATIONS SERVICES, THE INTERNET, YOUR WIRELESS NETWORKS, AND ANY THIRD-PARTY SOFTWARE.
YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE RX SAVINGS PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE RX SAVINGS PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.
THE RX SAVINGS PARTIES DO NOT ENDORSE ANY CONTENT OF THE SERVICES 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.
WE MAKE NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS OR USE THE SERVICES FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.
NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM RX SAVINGS OR IN ANY MANNER FROM THE SERVICES CREATES ANY WARRANTY.
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.
16. Limitation of Liability. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL RX SAVINGS OR THE RX SAVINGS PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY CONTENT; (B) THE PROVISION OF THE SERVICES; OR (C) THE CONDUCT OF OTHER USERS OF THE SERVICES; EVEN IF RX SAVINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE CARD, SERVICES, AND WEBSITE.
YOUR ONLY REMEDY AGAINST THE RX SAVNGS PARTIES FOR DISSATISFACTION WITH THE CARD, SERVICES, WEBSITE, OR ANY CONTENT IS TO STOP USING THE SERVICES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE RX SAVINGS PARTIES’ 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, SERVICES, WEBSITE, 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.
17. Indemnification. You agree to defend, indemnify and hold harmless Rx Savings, The Rx Savings Parties and Providers, and our and their respective members, managers, officers, employees and agents from and against all claims, losses, damages, liabilities, and costs (including, but not limited to, reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms or your access or use of the Service and any product or service provided to you arising out of or relating to your use of the Service. The foregoing indemnification obligation shall survive your discontinuation of use of the Services.
18. Electronic Signatures: As part of the Services, you may be asked to electronically sign applicable documentation. Clicking “I agree” or a similar prompt shall constitute your electronic signature and legally bind you to the document or provision in question.
19. Miscellaneous. These Terms constitute the entire agreement between you and Rx Savings with respect to the subject matter hereof and supersede all previous written or oral agreements between you and Rx Savings with respect to such subject matter. No waiver by Rx Savings of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severed from the Terms and will not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms. You may not assign your rights or delegate your duties under these Terms.
Rx Savings and its Providers shall not be liable for any nonperformance or delay in performance caused by any unforeseen act or event beyond their control. Each of our affiliates and each Provider is a third-party beneficiary of, and will have the right to enforce, the Terms against you.
Your use of the Service will be deemed to be your consent to receive electronic communications from us, whether addressed to the email address associated with your account or delivered through the Service. You acknowledge and agree that any communication by email or by providing information and/or checking any box within the Service satisfies any legal requirement for such communications to be made in writing.
You may not download, ship, transfer, export into any country or use the Services or any component of its software or other Content, in any manner prohibited by the United States Export Administration Act or any other applicable law (collectively the “Export Laws”). In addition, if all or any part of the Service is identified as an export-controlled item under the Export Laws, you represent to us that you are not a national of, resident in or otherwise located within, an embargoed nation, and that you are not otherwise prohibited under the Export Laws from visiting or using the Service.
These Terms, and any disputes of any kind between you and Rx Savings or its Providers, shall be governed by, construed and resolved in accordance with the laws of the state of Delaware, without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, the Terms and/or use of the Service, shall be in state or federal courts located in Kansas. If we take any action to enforce the Terms, we will be entitled to recover from you, and you agree to pay all reasonable attorneys’ fees and costs of litigation we incur, in addition to any other relief, at law or in equity, to which we may be entitled.
Effective Date of Terms: May 1, 2023
5440 W 110th St #200
Overland Park, KS 66211