TERMS OF USE

LAST UPDATED: April 26, 2016

 READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE

myDrugCosts, Inc. (“mDC”, “we”, “us”, “our” or similar terms) will allow you to access and to use the myDrugCosts website at mydrugcosts.com (the “Site”) and/or use our mobile software application (the “Mobile App”) to review certain information concerning prescription medications and other drugs and to apply for a reward for switching from brand name to generic drugs (the “Service”).  Use of the Site, the Mobile App and/or the Service is subject to all terms set forth in these Terms and Conditions of Use (“Terms of Use” or this “Agreement”). By accessing or using the Site, the Mobile App or the Service, you signify that you have read, understand and agree to be bound by all the Terms of Use, including any terms accessed by a link from this Agreement. If you do not agree to all of these Terms of Use, do not or use or access the Site, Mobile App or Service!

mDC may revise the Terms of Use at any time by posting the changes on the Site and through the Mobile App. It is your responsibility to check for any changes. If you do not agree with posted changes, discontinue access and use of the Site, Mobile App and Service. Accessing or using the Site, the Mobile App or Service after the effective date of changes to the Terms of Use signifies your consent to and acceptance of the changes.

THE SITE, THE MOBILE APP AND THE SERVICES DO NOT PROVIDE MEDICAL ADVICE

The information provided on the Site and Mobile App (the “Content”) and as output from use of the Service (the “Results”) are for informational purposes only. The Content and Results are not intended as, and should not be used as, a substitute for professional medical advice, diagnosis, or treatment. Neither the Content nor the Results replace the need for services and advice provided by medical professionals. Always seek the advice of your doctor before changing any prescription or over the counter drugs or following any treatment or regimen. Only your doctor can provide you with advice on what is safe and effective for you. Never disregard professional medical advice or delay in seeking it because of Content on the Site or Mobile App or Results provided to you.

mDC does not recommend or endorse any drugs (whether prescription or over-the-counter), tests or other products that may be mentioned in the Content or in the Results. Reliance on any Content or Results is solely at your own risk. The absence of a warning for a given drug or drug combination in the Content or Results should in no way be construed to indicate that the drug or drug combination is safe, effective or appropriate for you (or any person for whom information is submitted to obtain Results). All Content or Results concerning any drug, including but not limited to the directions for its use, the conditions in which it may be used, and the contraindications to its use, should be reviewed by you in consultation with your health care provider and pharmacist for a thorough understanding of the drug’s actions, uses and side effects.

REGISTRATION OBLIGATIONS

You must register in order to access the Site or Mobile App and use the Service. In completing the registration form, you agree to provide only true, accurate, and complete information. If you provide any information that is untrue, inaccurate, or incomplete, or if we have reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your registration, which will result in termination of your right and ability to access and use the Site, the Mobile App and the Service.

REWARDS

If your employer has signed an Agreement that includes myDrugCosts Rewards as part of the Service, you may apply to receive a reward for switching an existing prescription from a brand name drug to a lower cost generic version of the same prescription or to other lower cost alternatives. Not all prescriptions will be eligible for a reward.  By using the Site or Mobile App to request a reward, you authorize mDC to verify the information you submit in connection with the request.  Such verification may include, but is not limited to, requesting information from your employer or other insurer to confirm prior claims for the brand name prescription drug.  You agree to accept payment of the reward in the form and method communicated through the Site or Mobile App, which may include, but is not limited to, monetary checks or gift cards to third-party merchants.

ACCOUNT SECURITY

You are solely responsible for maintaining the confidentiality of your password and for any use of the password to access the Site or Mobile App and the Results available through the Site or Mobile App or stored on your computer.

ACCESS TO AND USE OF THE SITE AND SERVICE

You may access and use the Site, the Mobile App and the Service solely for your personal use or the use on behalf of your child.  Additionally, if your spouse is covered under your insurance plan, they may sign up and register as a User with their own account.  Any commercial use of the Site, the Mobile App and the Service is prohibited and is a violation of this Agreement.  The personal information collected by mDC and how that information may be used is governed by the mDC Privacy Policy, which is incorporated herein by reference.  You hereby acknowledge and agree that you are solely responsible for any information submitted using your account and that by providing such information you are acknowledging that you are authorized to provide the information to mDC for use with the Service.

Prohibited Uses

You agree that you will not:

  1. Use the Service if you are under 13 years of age. If you are under 18, you will use the Service only with the involvement of a parent or guardian.
  2. Upload, transmit, post or otherwise make available on or through the Site or Mobile App: (a) any personal or private information of a third party unless such third party is a spouse or child, and such spouse or such child if over the age of consent has authorized you to do so; or (b) any message which is harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; (c) any false or misleading information, or (d) any message, data or information which restricts or inhibits any other person from using or enjoying the Site, or which may expose mDC or those using the Site or Service to any harm or liability of any type.
  3. Violate any local, state, or national law through, on or as part of your use of the Site, the Mobile App or the Service.
  4. Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, the Mobile App or Service.
  5. Allow transmission into the Site, Mobile App or Service of any harmful code which shall include but not be limited to any virus, worm, Trojan horse, spoof, time bomb, trap door or other code that may halt, modify or otherwise interfere with the operation or use of the Site or Service, or which may be further transmitted to other users of the Site.
  6. Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site.
  7. Reproduce, license or sell, rent, lease, or otherwise exploit for any commercial purposes, any access to or use of the Service (or any portion of it).
  8. Use the Service in any manner other than as expressly authorized in this Agreement.

Modifications and Limitations

We reserve the right at any time to modify the Site, the Mobile App and/or the Service at any time, including but not limited to providing new or different versions, updates, patches and bug fixes. We may discontinue or suspend, temporarily or permanently, the Site, the Mobile App or the Service, or any part of the same, with or without notice. We may establish limits concerning use of the Service, including but not limited to the frequency with which you access the Service and the length of time Results remains available.

Links

The Site, the Mobile App and/or Results may provide links to third party web sites. mDC has no control over these sites and is not responsible for their availability. mDC does not endorse any third-party sites, and is not responsible or liable for any content, goods, or services available from these sites. Such third party sites may have different terms of service and privacy policies and such policies will apply to your use of those sites.  You are encouraged to review the terms of service and privacy policies of any third-party site accessed from a link from the Site or Mobile App prior to using the third-party site.

Ownership and Restrictions

You agree that the Site and the Mobile App (including without limitation all software, screens, the database structure, all interfaces and applications therein and the look and feel of its presentation) are copyrighted under the laws of the United States, other countries and international treaty provisions, as well as containing trade secrets. mDC hereby grants you a limited right to access and use the Site and/or Mobile App solely as provided within this Agreement.  You may not copy, modify or translate any part of the Site on the same or on any other medium.  You shall not access or attempt to access, reverse engineer, decompile or otherwise discover the source code of the Site or Mobile App.

The rights granted to you herein do not constitute a transfer or sale of any of mDC’s ownership rights. mDC retains all right, title, and interest in and to all proprietary rights in or relating to the Site, the Mobile App and the Service including, without limitation all patent, copyright, trade secret or other similar rights in the mDC content, software, screens, the database structure, all interfaces and applications therein and the look and feel of its presentation.

Termination

You have the right to terminate or cancel your registration at any time.  Upon such termination or cancellation your right to use the Site, the Mobile and the Service shall also terminate and you agree not to use or access the same. You understand and agree that the cancellation of your registration is your sole right and remedy with respect to any dispute you have with mDC. This includes, but is not limited to, any dispute related to or arising out of:

  1. Any term of these Terms of Use or mDC’s enforcement or application of them.
  2. Any policy or practice of mDC, including the Privacy Policy, or mDC’s enforcement or application of these policies.
  3. The content available through the Service.
  4. Your ability to access and use the Site or the Service.

mDC may terminate your registration at any time and may discard any Results without notice if mDC believes that you have violated or acted inconsistently with these Terms of Use. mDC will not be liable to you or any third party for termination of your registration. Further, you agree that you will not attempt to access the Site, or the Mobile App or to use the Service after such termination.

The following provisions survive the termination for any reason whatsoever: Ownership and Restrictions, Termination, Indemnification, Limitation of Liability, Dispute Resolution, and General Information.

Indemnification

You agree to indemnify and hold mDC, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, losses, liabilities, obligations, claims, suits or damages, including reasonable attorney’s fees and expenses, incurred in investigating, defending or appealing, directly or indirectly arising out of or related to (1) any claim or demand made by any third party due to or arising out of your use of the Site, the Mobile App or the Service, including without limitation, any claims raised by your employer for fraudulent claims; (2) your use of the Site, the Mobile App or the Service; or (3) your breach of these Terms of Use.

Disclaimer of Warranties

YOUR USE OF THE SITE, THE MOBILE APP AND THE SERVICE IS AT YOUR SOLE RISK. THE SITE, THE MOBILE APP AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MDC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT RELATED TO THE SERVICE. ANY INFORMATION, CONTENT, RESULTS OR OTHER DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS THAT RESULTS FROM YOUR USE OF THE SERVICE, CONTENT OR THE RESULTS. NO ADVICE OR INFORMATION, WHETHER VERBAL OR WRITTEN, OBTAINED BY YOU FROM MDC OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS THESE TERMS OF SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Drug Information

WITHOUT LIMITING THE FOREGOING, MDC SPECIFICALLY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO ANY DRUGS OR MEDICATIONS OR THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS.

Limitation of Liability

YOU AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH ANY ACTIONS YOU TAKE IN RESPONSE TO, THE CONTENT OR THE RESULTS MADE AVAILABLE THROUGH THE SERVICE. YOU AGREE THAT MDC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF MDC HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE, THE CONTENT OR THE RESULTS. UNDER NO CIRCUMSTANCES WILL MDC’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE MOBILE APP, OR THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED $25. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. WITHOUT IN ANY WAY LIMITING THE FOREGOING, MDC SPECIFICALLY LIMITS THE FOLLOWING LIABILITY:

Personal Injury

mDC is not liable for any personal injury, including death, caused by your use or misuse of the Site, the Mobile App, the Service, Content or Results. You understand that mDC does not make any representation or warranty or otherwise in any way guarantee any Content or Results are valid, correct, accurate, reliable, complete, current, or timely. MDC SHALL NOT BE LIABILE FOR OR ASSUME ANY RESPONSIBILITY FOR ANY ASPECT OF HEALTHCARE ADMINISTERED WITH THE AID OF THE CONTENT OR RESULTS, INCLUDING BUT NOT LIMITED TO DRUG INFORMATION WHICH MAY BE AVAILABLE THROUGH THE SERVICE OR INCLUDED IN THE RESULTS.

Use of Results at your Own Risk

mDC is not responsible for any loss or damages of any kind that may result from your use of incorrect Content or Results made available through the Service; the use of the Site, the Service, the Content and the Results is entirely at your own risk.

Transmission and Storage of Data

INFORMATION YOU SUBMIT AND PRIVACY: As a covered employee (or if you are the spouse or dependent of the covered employee), your employer has engaged mDC for the purpose of providing you and/or your covered spouse/dependents with the Service. You hereby agree that mDC may use any data provided by you or your employer, including but not limited to all protected health information as defined in the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”), and the regulations promulgated thereunder, that is provided, directly or indirectly, by you or your employer to mDC, in connection with the provision of the Service hereunder and as otherwise permitted by applicable laws (including without limitation, HIPAA) (such data, collectively, “PHI”). mDC does not own your data, information, or material that you or your employer submit to the Service. You, not mDC, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of any data you submit to the Service, and mDC shall not be responsible for the accidental or intentional deletion, correction, destruction, damage, non-retention, or loss of any data. Upon termination of this Agreement, your right to access or use your data through the Service immediately ceases, and mDC shall have no obligation to maintain or forward any of your data.

When using the Site and/or Mobile App, information will be transmitted over a medium that may be beyond the control and jurisdiction of mDC and its suppliers. Accordingly, mDC assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site or the Service. You understand that mDC and all other persons involved in the operation of the Site and Mobile App will transmit, monitor, retrieve, store, and use information you submit in connection with the use of the Site, the Mobile App and/or the Service. mDC cannot and does not assume any responsibility or liability for the transmission of any information you submit, or any third parties’ use or misuse of information transmitted using the Site, the Mobile App and the Service.

mDC has no responsibility or liability for (1) Content or Results that are deleted or otherwise destroyed; (2) the failure to store Content or Results; (3) any modification, suspension, or discontinuance of the Service.

Links

mDC will not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods, or services available through sites linked to this Site.

Dispute Resolution

You agree to resolve any claim or controversy, at law or in equity, that arises out of these Terms of Use, the Services, the Results or use of the Site (a “Claim”) in accordance with the terms of this section. The Terms of Use (which form a contract between you and mDC) will be governed by the laws of the State of North Carolina, without regard to its conflict of law provisions. You agree that any Claim you wish to bring against mDC will be brought within one (1) year after the claim or cause of action arose or be forever barred.

Except as provided below, any Claim will be settled by binding and final arbitration by one arbitrator in accordance with the commercial arbitration rules of the American Arbitration Association. You agree that the arbitration will be conducted in Durham County, North Carolina, and judgment on the arbitration award may be entered by any court having jurisdiction. Any such Claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other person.

Notwithstanding the foregoing, mDC may bring a Claim against you in a court of competent jurisdiction located in Durham County, North Carolina to obtain an injunction or damages relating to infringement of mDC’s intellectual property or abuse of the Service, and you consent to the jurisdiction of such courts with respect to any such Claim.

Consumer Reports

The Consumer Reports Best Buy Drugs™ (CRBBD) content is provided by Consumers Union of United States, Inc., the non-profit publisher of Consumer Reports® magazine, as part of an educational and outreach initiative that compares a variety of prescription and over-the-counter drugs on price, effectiveness and safety to help educate consumers and their doctors concerning the most effective and affordable medicines.  This information is prepared solely by Consumers Union for purposes of providing consumers with independent, unbiased information on the effectiveness and safety of prescription drugs.

The CRBBD information contained in this application is for general informational purposes only and is not intended to take the place of your physician or other healthcare professionals.  No changes to your medications should be made without physician approval.  You may find the information useful, however, in talking to your doctor or other healthcare professional about which medicines may be right for you and give you the best value for your health care dollar.

CRBBD information contained in this application is for personal, non-commercial and educational purposes only.  Your use of all CRBBD content contained in this application is governed by the ConsumerReports.org® User Agreement, which is available at www.consumerreports.org.  No commercial use permitted.

myDrugCosts, Inc., is distributing the CRBBD content under a non-exclusive, royalty-free arrangement with Consumers Union. Consumer Reports Best Buy Drugs™ is a free independently-funded public education project of Consumers Union, not connected to myDrugCosts, Inc.

These materials were made possible by a grant from the State Attorney General Consumer and Prescriber Education Grant Program which is funded by the multi-state settlement of consumer fraud claims regarding the marketing of the prescription drug Neurontin (gabapentin).

General Information

mDC may provide notices to you pursuant to this Agreement through email, regular mail to you, or by displaying conspicuous notices or links to notices on the Site. This Agreement along with the mDC Privacy Policy, constitutes the entire agreement between you and mDC and governs your use of the Service, superseding any prior agreements between you and mDC. You also may be subject to additional terms and conditions that may apply when you use other mDC products or services. The failure of mDC to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision. If any provision of this Agreement is found to be invalid, the other provisions of this Agreement will remain in full force and effect.