Terms Of Service – fulfillrx.com

FULFILLRX Terms of Service

Effective Date: NOVEMBER 11TH, 2022

Welcome to FULFILLRX, Before you use our delightful pharmacy services you are required to carefully read and agree to these Terms of Service (these “Terms”) as they have important information about your use of FULFILLRX’s pharmacy services, website, mobile application, products, and other technology platforms (collectively, the “Service”). Your use of and access to the Services are also subject to our privacy policy (the “Privacy Policy”) and Health Insurance Portability and Accountability Act of 1996 Notice of Privacy Practices (“HIPAA Notice”), which contain important information about how FULFILLRX protects your personal information. If you’ve any questions about these Terms, the Privacy Policy, or the HIPAA Notice, please reach out to us at [email protected] before you use or otherwise access any of the Services.

Note that when we say “us“, “we”, “our”, or “FULFILLRX” in these Terms, we mean FULFILLRX Corporation and its subsidiaries and when we say “you” or “your” in these Terms, we mean a customer of any of the Services, including a customer who has been added as a dependent to another customer’s account.

PLEASE NOTE THAT THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1. Accepting these Terms

By using or accessing the Services, you agree to be legally bound by these Terms. If you don’t agree to these Terms, you shouldn’t and aren’t permitted to use or access any of the Services. If you are a new customer, these Terms are effective on the date of your first use of the Services. If you are an existing customer, these Terms are effective on the Effective Date.

2. Modifications to the Terms and the Services

These Terms May Change. We may change these Terms at any time. However, we’ll give you prior notice of any material changes by placing a notice on the Services, sending you an email, or some other manner, and we’ll let you know when the modified Terms will become effective. Your use of or access to the Services after the new Effective Date will be considered assent to the new Terms.

The Services May Change. You understand that the Services may change over time. As we strive to provide you with the most delightful pharmacy experience, we may add new features to existing Services or new types of Services, and these Terms will be applicable to these new features or Services. We may also suspend, limit, or remove certain features or types of Services, or remove Content (as defined below) from the Services, and we reserve the right to take such actions in our sole determination and without notice to you.

3. Your Use of the Services

We’re thrilled that you’ve decided to use FULFILLRX! We have some ground rules to make sure your use of the Services doesn’t violate any laws and is as caring and kind as the Services we provide to you. Specifically, you agree that:

You will not use the Services if you’re less than 18 years of age (but a parent or guardian may use the Services on your behalf if you’re under 18);
If you’re using the Services on behalf of another customer, including by adding such customer as a dependent to your account, you will obtain their consent prior to using the Services on their behalf;
You will not use the Services for any unlawful purpose;
You will not submit inaccurate, incomplete, or out-of-date information or commit fraud or falsify information in connection with your use of the Services;
You will not attempt to obtain the password, account, or other security information of any other customer;
You will not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of any part of any of the Services;
You will not engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Services for purposes of creating or compiling that data or content for any purpose;
You will not interrupt or attempt to interrupt the Services’ operation or any other person’s use of the Services in any way (including by hacking or defacing any portion of the Services or by providing any material that contains any viruses or other harmful computer code);
You will not sign up for an account or otherwise use the Services if you’re located outside of the United States;
You will not use or interact with the Services in any manner that adversely affects our interests or the interests of a third party, including any use or interaction that infringes or violates the intellectual property rights of us or any third party;
You will not use or interact with the Services in any manner (including through the materials that you submit to the Services) that is unlawful, harmful, or otherwise objectionable as we determine in our discretion; and
You will not threaten, harass, discriminate against, or otherwise act inappropriately towards any of our employees or service providers.

You understand that we may suspend or terminate your ability to use any of the Services if we believe that you’re breaking any of these rules. When you use our pharmacy Services, you understand that our licensed pharmacists review each order and exercise their professional judgment in determining whether to fill each order. In certain circumstances, a pharmacist may decide not to fill a specific order and that decision will be communicated to you.

4. Your Account and Account Information

You may be required to create an account in connection with your use of the Services. You may also add family members to your account so you can use the Services on their behalf. To maintain the security and integrity of your account and account information, you agree that:

You will provide us with accurate, current, and complete information about yourself and any family members associated with your account;
You will promptly update all account information to keep it accurate, current, and complete;
You will take any and all actions to protect the confidentiality of your account information, including your password;
You will be responsible for any and all activities that occur in connection with your account;
You will immediately notify us of any unauthorized use of either your password or account or any other breach of security; and
You will not permit other parties to access the Services using your account.

5. Privacy

Your account information, health information, and all other information that you provide to us is subject to our Privacy Policy and our HIPAA Notice and by using the Services, you agree that you’ve read the Privacy Policy and HIPAA Notice. You agree to grant us a royalty-free, perpetual, sublicensable, irrevocable, and worldwide license to use the information you provide to us in accordance with our Privacy Policy and HIPAA Notice in order to provide the Services.

6. Your Rights in the Services

We Own the Services. You understand and agree that the Services and all information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively “Content”) contained on the Services are owned by FULFILLRX and are protected by intellectual property rights and laws.

We Grant You a License to the Services. To enable you to use the Services, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your own personal, non-commercial purposes and, if applicable, the personal, non-commercial use of any family members who have given you permission to access the Services on their behalf and who are associated with your account. This right is conditioned upon you continuing to comply with these Terms. Except as expressly provided in these Terms, no part of the Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise without our express prior written consent.

We Appreciate Your Feedback.FULFILLRX welcomes feedback about your use of the Services so we can make the Services better for you and all our customers. Please note that any feedback you provide will be non-confidential, owned by us, and freely used at our discretion.

7. Your Communications with FULFILLRX

You Consent to Receive Our Electronic Communications. You consent to receive communications (including emails, texts, phone calls, and notices and messages sent through the Services) from or on behalf of us to any email address, phone number, or mobile device associated with your account or otherwise directly or indirectly provided to us. This consent applies to marketing and non-marketing communications from or on behalf of FULFILLRX to you. Consent to receive marketing communications is not a condition to use the Services. Consent to receiving electronic communications from us may be revoked at any time by calling (888) 910-1808 or contacting our Pharmacy Experience team through our mobile application, although you may not be able to opt out of necessary transaction communications from us, such as order and delivery confirmations. You may opt out of text messages from us by replying with STOP to any of our text messages; future text messages from us will be automatically blocked by your mobile carrier.

We May Text You.FULFILLRX may use SMS (Short Message Service), MMS (Multimedia Message Service), and similar technologies to communicate with you using text messages. The frequency of text messages we send to you may vary. You’ll typically receive text messages when we have necessary information for you, and whoever has access to the mobile phone or carrier account may also be able to see this information. Data obtained from you in connection with our SMS service may include your cell phone number, your provider’s name, and the date, time, and content of your messages. We don’t impose a separate charge for text messages, but rates may vary depending on your agreement with your mobile carrier. FULFILLRX won’t be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your device or telephone number. We may change or discontinue any text message programs without notice or liability to you and we reserve the right to cease delivery of text messages at any time.

Acknowledgement of Privacy Risks. By using the Services, you understand that electronic communications are never completely private or secure and certain communications have inherent privacy risks. You acknowledge that any communications you send to FULFILLRX may be read or intercepted by others, even if a particular communication is encrypted or purports to be encrypted. Such communications, which may contain your health-related information, could be accessed by an unauthorized party, intercepted, or altered without your knowledge or authorization.

Telephone Counseling Waiver. By accepting these Terms you indicate that, by default, you don’t wish to be contacted by telephone for medication counseling. You may, however, call a licensed pharmacist at any time to ask questions about your medications by telephone at (888) 910-1808.

8. Your Payment Obligations

We May Use a Third-Party Payment Processor.FULFILLRX may use a third-party payment processor to bill you through a payment account linked to your FULFILLRX account. The processing of payments will be subject to the terms, conditions, and privacy policies of our payment processor in addition to these Terms. In that case, our payment processor – and not us – stores your payment method information.

Your Responsibility for Payment. You understand and agree that you’re responsible for any copays set by your insurance plan, any payment for cash purchases for prescriptions and other products, and any other fees associated with any of our Services. You agree to pay us all charges associated with the requested Services at the prices then in effect and you authorize us, through our payment processor, to charge your selected payment method. If there is an issue charging your selected payment method, we’re permitted to charge any other valid payment method associated with your account. If there is no other valid payment method, we’ll attempt to contact you. However, in the interim, we may refrain from providing certain Services to you until the payment issue is resolved.

9. Health-Related Content; Digital Medication Guides; Prescription Renewals

Health-Related Content is Not a Substitute for Medical Advice. Any health-related Content provided on the Services is not intended to be a substitute for professional medical advice, diagnoses, or recommendations about medical treatment. FULFILLRX provides counseling on medications, as a typical pharmacy would, through our licensed pharmacists. However, you should always check product information (including package inserts) regarding dosage, precautions, warnings, interactions and contraindications before administering or using any device, drug, herb, vitamin, or supplement. You expressly acknowledge and agree that FULFILLRX is not responsible or liable for the results of any decisions made based on your use of health-related Content or the Services.

Contact Health Care Professionals for Important Questions. If you have any questions about a medical condition, medicine, or prescription, contact one of our licensed pharmacists, your physician, or another health care provider. Never disregard medical advice or delay in seeking it because of something you’ve read on the Services. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

You Consent to Receive Digital Medication Guides. If you live in a state where digital medication guides are permitted by law, you may receive – and by accepting these Terms, you consent to receive – a digital medication guide with any prescription order. However, if you would prefer a physical copy of medication guide, please feel free to ask us for one at any time.

You Consent to Provider Contact for Prescription Renewals. You agree that we may contact your provider in order to obtain a renewal of any of your prescriptions. If you don’t want us to contact your provider for prescription renewals, please let us know at any time.

10. Disclaimers and Indemnification

No Responsibility for Third Parties. The Services may contain links to third-party websites or services that are not owned or controlled by FULFILLRX. You understand and agree that you’re responsible for reviewing and complying with the applicable terms that govern your use of third-party websites or services. FULFILLRX will not have any responsibility for your use of or interactions with these websites or services.

The Services are Provided Without Warranties. THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, FULFILLRX DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING ANY SERVICE AND ANY CONTENT AVAILABLE ON OR ACCESSIBLE THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FULFILLRX DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES. YOUR SOLE REMEDY AGAINST FULFILLRX FOR DISSATISFACTION WITH ANY SERVICE OR ANY CONTENT IS TO STOP USING THE SERVICES.

Our Liability to You May Be Limited. NEITHER FULFILLRX NOR ANY OF OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, LICENSORS OR CONTENT PROVIDERS WILL BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR (I) ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF, OR INABILITY TO USE THE SERVICES OR THE CONTENT, OR (II) ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US BY YOU FOR THE SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $1000.00. THE FOREGOING LIMITATIONS APPLY EVEN IF FULFILLRX HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CERTAIN DAMAGES, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW.

You Agree to Indemnify Us. You understand that you’ll be responsible to us if a third party makes a claim against us due to your use of the Services or your violation of these Terms. You agree to defend, indemnify and hold FULFILLRX, its affiliates, and each of our and their respective officers, directors, affiliates, employees, contractors, suppliers, agents, and representatives (the “Capsule Parties”) harmless from any third-party demands, loss, liability, claims, or expenses (including reasonable attorneys’ fees) (a “Third-Party Claim”) arising out of or in connection with your use of the Services or Content or the violation of these Terms by you or anyone using your account. We reserve the right to assume the exclusive defense and control of any Third-Party Claim, in which event and upon our request, you’ll assist and cooperate with us in asserting any available defenses. In the event of a Third-Party Claim, we’ll attempt to provide notice of the Third-Party Claim to the contact information associated with your account.

11. Termination

We May Terminate. We reserve the right to suspend or terminate your account and access to and use of the Services, without notice or liability to you or any third party, if we believe, in our sole determination, that you are violating these Terms or for any other lawful reason or no reason – though generally we’ll terminate your account only if you’re misusing or abusing the Services in some way.

You May Terminate. If you want to terminate these Terms and stop using the Services, you may let us know at any time and for any reason (but we’ll be sad to see you go!).

Effect of Termination. Upon termination of your use of and access to the Services, these Terms will automatically terminate with respect to you, although this will not relieve you of any of your obligations that arose or accrued prior to termination. Please note that certain provisions of these Terms that are intended to survive termination of our relationship (including provisions regarding indemnification, limitation of liability, and dispute resolution) will survive termination. If you decide to use the Services again after terminating your account, you will at that point once again be subject to these Terms.

12. Resolving Disputes

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

New York Law Governs. Except as specifically set forth in these Terms, these Terms are governed by and will be construed under the laws of the State of New York. Any dispute arising from or relating to the subject matter of these Terms shall be finally decided either through arbitration as described below or, if such dispute is not subject to arbitration, by the state or federal courts located in New York, New York.

No Class Actions. You understand and agree that you may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.

We Both Agree to Arbitrate.

Let’s Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against us in connection with these Terms or the Services, you agree to try to resolve the dispute informally by contacting [email protected]. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or we may bring a formal arbitration proceeding as described below.
We Both Agree To Arbitrate. You and we agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below or where prohibited by law. Arbitration shall be held in the state in which you reside. For residents outside the United States, arbitration shall be initiated in New York, New York, or any other location to which the parties agree, and you and we agree to submit to the personal jurisdiction of any or state or federal court in the state of New York to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
1. Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by sending a letter to us that must be postmarked within 30 days of your first acceptance of these Terms. The letter must be dated and specify your first and last name and mailing address, and it must explain that you’re opting out of this arbitration provision. The letter should be sent to FULFILLRX, 151 N 8^th, Lincoln, Nebraska, 68508 (Attention: Reporting). Your decision to decline arbitration will not affect in any way the scope or quality of the Services that you receive. If you don’t decline this agreement to arbitrate within 30 days, it will apply to all subsequent versions of these Terms, as they may be amended from time to time.
Arbitration Procedures and Effect. The arbitration shall be conducted by a single neutral arbitrator, governed by the Comprehensive Arbitration Rules & Procedures of JAMS that are in effect at the time the arbitration is initiated, available at www.jamsadr.com or by calling JAMS at 1-800-352-5276, (referred to as the “JAMS Rules”) and under the rules set forth in these Terms. We may also mutually agree to have the arbitration conducted by telephone or written submissions. You and we agree to allow for the discovery or exchange of non-privileged information relevant to the dispute. An arbitrator’s award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.
Arbitration and Attorney’s Fees. The JAMS Rules will govern payment of filing fees and arbitration fees. In accordance with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness, if you initiate arbitration against us, the only arbitration fee required to be paid by you is $250. All other arbitration costs must be borne by us, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services. When we’re the claiming party initiating an arbitration against you, we will pay all costs associated with the arbitration. You and we agree that the arbitrator must follow these Terms and can award the same damages and relief as a court, including injunctive or other equitable relief and costs and attorneys’ fees. Notwithstanding the foregoing, and to the extent permitted by the JAMS’ Minimum Standards for Arbitration Procedures, you and we agree that the prevailing party may and will only seek any attorneys’ fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose, and not in any other circumstances. You understand that, absent this mandatory arbitration provision, you (and we) would have the right to sue in court and have a jury trial. You (and we) further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Exceptions to Agreement to Arbitrate. Either you (or we) may assert claims, if they qualify, in small claims court in New York, New York or any other U.S. county in which we’ve a principal business address, in the event that you and we’re unable to first resolve the dispute informally. Additionally, either party may bring a lawsuit solely for injunctive or equitable relief without first engaging in arbitration or the informal dispute-resolution process described above.

BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST FULFILLRX AND THE FULFILLRX PARTIES IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO ARBITRATION, YOU SHOULD OPT OUT OF THIS ARBITRATION PROVISION PER THE TERMS. OTHERWISE, YOU ARE NOT AUTHORIZED TO USE THE SERVICES IN ANY WAY. If a claim, dispute, or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, you and we agree to waive, to the fullest extent allowed by law, any trial by jury. You agree that the arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, and not by any state law concerning arbitration

13. General Terms

Complete Agreement. You and FULFILLRX agree that these Terms, together with the Privacy Policy, are the complete and exclusive statement of the mutual understanding between you and FULFILLRX with respect to the Services, and supersede all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.

Headings. The headings of the sections and paragraphs of these Terms are for convenience only and don’t form a part of these Terms. The headings in no way limit, describe, modify, interpret, or construe the meaning, scope, or intent of these Terms.

Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.

No Waiver; No Modification.FULFILLRX’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Any course of conduct between you and FULFILLRX shall not act to modify any provision of these Terms.

Assignment. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without FULFILLRX’s prior written consent. FULFILLRX may assign its rights and duties hereunder to any third party at any time without notice to you.

No Third-Party Beneficiaries. Except as specifically set forth in these Terms, no third party shall have any right to enforce any right or enjoy any benefit that is created or established under these Terms.

Notices. We may deliver notice to you concerning these Terms by placing a notice on the Services, by sending you an email, or by some other manner. You agree that all agreements, notices, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any notice to FULFILLRX that is required or permitted by these Terms must be in writing and must be sent by email to [email protected] for such notice to be deemed effective.

Copyright Infringement Complaints. FULFILLRX respects the intellectual property of others and we ask you to do the same. The Digital Millennium Copyright Act of 1998 (DMCA) protects copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Service infringes your rights under U.S. copyright law, you (or your agent) may send us a written notice by mail or other legally permissible method, requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must be sent in writing and meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/ for details). It is our policy, in appropriate circumstances, to terminate the accounts of customers who are repeat infringers or who are repeatedly charged with infringement. Our agent for notice of claims of copyright infringement can be reached by email at [email protected] or mail at FULFILLRX, 151 N 8th Street, Lincoln, Nebraska, 68508 (Attention: Copyright Agent).