Last updated on: November 11, 2017
IF YOU DO NOT UNDERSTAND THIS AGREEMENT OR DO NOT AGREE TO BE BOUND BY IT, YOU MUST NOT PARTICIPATE IN THE SERVICE AND MUST EXIT THE WEBSITE.
Description of the Service:
- The Service is NOT an insurance plan, a discount medical plan (“DMPO”), a Medicare/Medicaid prescription drug plan, or a health insurance policy
- The Service does NOT accept any type of insurance including, but not limited to, Medicaid or Medicare and CANNOT be combined with any type of insurance.
- You shall be solely responsible for any and all applicable charges and taxes related to purchases made by you through the Service.
- You understand and agree that the Service is NOT a health insurance plan and is NOT intended as a substitute for insurance. The Service only provides you with access (the “Service”) to our Pharmacy which dispenses drugs at prices described in the Drug Pricing section, below. The purpose of the Service is to provide you with transparency with regards to your prescription drug costs by eliminating markups and hidden fees.
Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Disclosure:
When an individual calls into the Pharmacy, the Pharmacy will verify (for HIPAA purposes) the patient’s full name, date of birth, and address. If the individual is unable to verify these items, the Pharmacy and MBMC will be unable to release, verbally or in writing, any information to such individual. Furthermore, to order prescription drugs through the Service, the Pharmacy or MBMC may also require from you other information, such as cardholder billing information, medications, known allergies, and prescription information.
By participating in or using the Service, you represent and warrant that you are at least eighteen (18) years old and are otherwise legally qualified to enter into and form contracts under applicable law. Any individual participating in or using the Service on behalf of an entity or a company further represents and warrants that he or she is authorized to act and enter into contracts on behalf of such entity or company. This Agreement is void where prohibited.
Using the Service:
You will be required to create an online account in connection with your participation in the Service and your use of the Service. By creating an online account, you represent and warrant that you any information provided in connection with your use or participation in the Service is current, complete, and accurate and that you will update such information as necessary to maintain its accuracy. You are entirely responsible for maintaining the confidentiality of any usernames or passwords for your online account. You agree to notify MBMC immediately of any unauthorized use of your online account or the Service by calling the pharmacy at (800) 964 -9654. Neither MBMC nor the Pharmacy shall be liable for any loss that you incur as a result of another individual utilizing, either with or without your knowledge, your online access or use of the Service. You represent and warrant that your use of the Website and your participation in, or use of, the Service will be in accordance with this Agreement, any other MBMC policies, as well as with any applicable federal or state laws or regulations.
You are required and obligated to pay for any charges, fees, and taxes associated with the prescription drugs that you receive through the Service, unless otherwise provided for by MBMC through the use of a valid coupon or promotional discount code. You are also required to pay for all shipping costs unless otherwise provided for by MBMC through the use of a valid coupon or promotional code.
In order to utilize the Service, you must utilize the MailMyPrescriptions.com® Pharmacy. This Service is not offered at pharmacies other than this Pharmacy.
By participating in the Service and utilizing the Service, you authorize the Pharmacy, MBMC, and/or their payment processor(s) to charge all applicable prescription payments, shipping costs, sales taxes or other taxes, and associated fee(s) to the credit card, debit card, or other payment method that you provide. Payment authorization is due before a prescription can be dispensed by the Pharmacy. Shipping is a flat $6.95 per order shipped per customer, unless otherwise determined based on MBMC’s Shipping Policy.
As further detailed below, the Service may be changed, modified, or substituted without advance notice to you, provided, however, that any orders pending at the time of the change will be governed by the Service’s terms and structure in effect at the time the order was placed.
Default Drug Formulary:
The Default Drug Formulary will include FDA-approved drugs including, but not limited to, oral solids, inhalers, liquids, solutions, and injectables with a valid prescription.
Non-prescription vitamins, over-the-counter drugs, diabetic testing supplies, Schedule II controlled substances, “specialty medications” as determined by the Pharmacy, as well as prescription drugs that require refrigeration, special handling, or compounding (including compounding kits) are EXCLUDED from the Default Drug Formulary.
At any time, you may file a complaint by calling the pharmacy at (800) 964 -9654. Upon receipt of your support ticket, a representative from either the Pharmacy or MBMC will contact you at the telephone number you provided.
Reliance on Third-Party Content:
Opinions, advice, statements, or other information made available by means of the Website, the App, and/or the Service by third-parties (including, without limitation, disclosures and instructions relating to the use of any pharmaceutical) are those of their respective authors. Such authors are solely responsible for such content. MBMC and the Pharmacy do not: (1) guarantee the accuracy, completeness, or usefulness of any third-party information on the Website or App or (2) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by a third-party by means of the Website, the App, and/or the Service. Under no circumstances will MBMC or the Pharmacy be responsible for any loss or damage resulting from your reliance on third-party information or content.
Assumption of Risk; Release:
YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE WHEN PARTICPATING IN THE SERVICE. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES, AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND, AND INDEMNIFY MBMC, THE PHARMACY, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS, OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE WEBSITE AND/OR YOUR PARTICIPATION IN, OR USE OF,THE SERVICE.
Your use of the Website and/ and your participation in, or use of, the Service is, at all times, governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You represent and warrant that, when using the Website and/ and when participating in the Service, you will obey the law and respect the intellectual property rights of others.
MailMyPrescriptions.com® and the “MailMyPrescriptions.com® logo” (collectively, the “MBMC Marks”) are trademarks or registered trademarks of MBMC. Other trademarks, service marks, graphics, logos, and domain names appearing on the Website may be the trademarks of third parties. Neither your use of the Website and/, your participation in the Service, nor this Agreement grant you any right, title, or interest in or to, or any license to reproduce or otherwise use, the MBMC Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the MBMC Marks generated as a result of your use of the Website and/ and your participation in the Service will inure to the benefit of MBMC; and you agree to assign, and hereby do assign, all such goodwill to MBMC. You shall not at any time, nor shall you assist others to, challenge MBMC’s right, title, or interest in or to, or the validity of, the MBMC Marks.
All content and other materials available through the Website, the App, and/or the Service are either owned by MBMC or are the property of MBMC’s licensees and suppliers. Except as explicitly provided, neither your use of the Website, the App, and/or the Service nor this Agreement grant you any right, title, or interest in or to any such materials.
Disclaimers; Limitation of Liability:
(a) NO WARRANTIES.
MBMC, ON BEHALF OF ITSELF AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSEES, SUPPLIERS, OR THE PHARMACY, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE, THE APP, AND/OR THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, MBMC, ON BEHALF OF ITSELF AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSEES, SUPPLIERS, AND THE PHARMACY, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, THE APP, AND/OR THE SERVICE INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEITHER MBMC NOR ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSEES, SUPPLIERS OR THE PHARMACY WARRANTS THAT THE WEBSITE, THE APP, OR THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE, THE APP, OR THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR HARMFUL COMPONENTS. NEITHER MBMC NOR ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSEES, SUPPLIERS, OR THE PHARMACY HAS ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE, THE APP, OR THE SERVICE.
(b) LIMITATION OF LIABILITY.
THE LIABILITY OF MBMC AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSEES, SUPPLIERS, OR THE PHARMACY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL MBMC OR ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSEES, SUPPLIERS, OR THE PHARMACY BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING, WITHOUT LIMITATION, OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO MBMC OR ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSEES, SUPPLIERS OR THE PHARMACY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, THE APP OR THE SERVICE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE LIABILITY OF MBMC AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSEES, SUPPLIERS, OR THE PHARMACY, IN THE AGGREGATE, TO YOU SHALL NOT EXCEED THE AMOUNT OF THE FEES, CHARGES, OR COSTS PAID BY YOU DURING YOUR PARTICIPATION IN THE SERVICE OR $50.00, WHICHEVER IS GREATER. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU, MBMC, AND THE PHARMACY. THE WEBSITE, THE APP, AND/OR THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT, IN ANY WAY, LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND MBMC OR BETWEEN YOU AND ANY OF MBMC’S AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSEES, SUPPLIERS OR BETWEEN YOU AND THE PHARMACY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS, AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS, AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MBMC’S AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSEES, SUPPLIERS, OR THE PHARMACY ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS, AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
You agree to defend, indemnify, and hold harmless MBMC and its officers, directors, employees, agents, affiliates, representatives, licensees, successors, assigns, and the Pharmacy (collectively, the “Indemnified Parties“) from and against any and all claims, actions, demands, causes of action, and other proceedings including, but not limited to, legal costs and fees arising out of or relating to (i) your breach of this Agreement including, without limitation, any representation or warranty contained in this Agreement; (ii) your access to or use of the Website and/or your participation in the Service; (iii) your provision to MBMC or any of the Indemnified Parties of information or other data; or (iv) your violation or alleged violation of any foreign or domestic, federal, state, or local law or regulation.
The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by you of any claims, actions, demands, causes of action, and other proceedings as to which you are required to defend, indemnify, or hold harmless the Indemnified Parties. You may not settle any claim, action, demand, or other proceeding without the prior written consent of the concerned Indemnified Parties.
Governing Law; Arbitration Agreement; Jurisdiction and Venue:
You understand and agree that this Agreement shall be treated as though it were executed and performed in Palm Beach, Florida, and shall be governed and construed in accordance with the laws of the state of Florida without regard to conflict of law principles.
If a matter is not satisfactorily resolved through the process set forth in the Complaints section above, then, at the election of either you, MBMC, or the Pharmacy, any claim, dispute, or controversy (“Claim(s)”) by either you, MBMC, or the Pharmacy against the other, arising from or relating in any way to (i) this Agreement, (ii) the Service or purchases made through the Service, or (iii) Claims regarding the applicability of this arbitration clause or the validity of the entire Agreement, shall be resolved exclusively and finally by binding arbitration, held in the county of Palm Beach, Florida. The arbitration will be conducted under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) in effect on the date a demand for arbitration is made. A copy of these rules may be obtained from the AAA website. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. Each side shall bear its own attorneys’ fees, costs, and the sides will split any fees due and paid to the AAA equally; provided, however, that we will consider in good faith any request by you to pay your portion of the AAA fees. The substantive law of the state of Florida shall apply to any Claim under these rules. This arbitration agreement survives the termination of the Service.
This agreement to arbitrate will not preclude you, MBMC, or the Pharmacy from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude either side from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. The proper venue for any action permitted under this subsection regarding equitable relief will be the federal and state courts located in Palm Beach County, Florida; the parties hereby waive any objection to the venue and personal jurisdiction of such courts.
You agree that any arbitration shall be limited to each Claim individually. To the full extent under the law, (1) no arbitration shall be joined with any other arbitration; (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures; and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.
You understand and agree that, through the foregoing provisions, you are giving up the right to a jury trial, or to participate in any class action, private attorney general action, or other representative or consolidated action, including any class arbitration or consolidated arbitration proceeding.
No Change in Status:
You understand that your prescription medications are dispensed only in accordance with the order of your physician or other health care provider. Participation in the Service or use of the Service does not alter or affect your ability to obtain prescription medications from any other pharmacy or your responsibility to use prescribed medications in accordance with the directions of your physician, other health care providers, and the Pharmacy.
MBMC imposes certain restrictions on your use of the Website and/or your participation in the Service. You represent and warrant that you will not: (a) provide false, misleading or inaccurate information to MBMC or the Pharmacy; (b) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (c) harvest or otherwise collect information about MBMC users, including email addresses and phone numbers; (d) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website, the App or the Service for any use, including without limitation use on third-party websites; (e) access content or data not intended for you, or log onto a server or account that you are not authorized to access; (f) attempt to probe, scan, or test the vulnerability of the Website, the App, and/or the Service or any associated system or network, or breach security or authentication measures without proper authorization; (g) interfere or attempt to interfere with the use of the Website, the App, and/or the Service by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding” “spamming,” “mail bombing,” or “crashing”; (h) use the Website, the App, and/or the Service to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (i) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website, the App, and/or the Service; or (j) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by MBMC in providing the Website, the App, and/or the Service. Any violation of this section may subject you to civil and/or criminal liability.
Changes to This Agreement:
The laws, rules and regulations applicable to online prescription sales change frequently. Accordingly, MBMC reserves the right to change this Agreement at any time upon notice to you, to be given by the posting of a new version or a change notice on the Website and/or any App. Unless otherwise stated herein, any changes or versions to this Agreement is effective as of the date of posting. It is your responsibility to review this Agreement periodically. If, at any time, you find the Agreement unacceptable, you must immediately cease using the Website and/ as well as cease participating in the Service.