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The following is the Agreement regarding
enrollment and subsequent participation in the Prescription
Plan (""), between Agelity("Agelity"), the Provider of the
Subscription Service ("We", "Us" and "Our") and the enrolled
Subscriber ("You" and "Your") ("Terms of Use").
1. Subscription Service
Without limitation, We make no warranty that (i) the service
will meet Your requirements; (ii) the service will be
uninterrupted, timely, secure or error-free; (iii) the results
obtained from use of the service will be accurate or reliable;
(iv) the quality of any products, services, information, or
other material obtained through Our service will meet Your
expectations; (v) no advice or information obtained by You
from Our personnel or through Our service shall create any
warranty not expressly provided for in the terms of service
and (vi) any errors in the service will be corrected.
2. Subscription Benefits ("Benefits")
As a subscriber, you will be entitled to access all the
discounts on certain products and services offered by
participating providers. Benefits are explained in the Welcome
Package or in other Subscription Materials that may be
provided from time-to-time. Some of the Benefits may not be
available in Your area.
A. We and Our subsidiaries and affiliates are not
responsible or liable for any Benefits provided by third
parties, if You have any claims relating to such Benefits,
You will make your claim against the company providing the
Benefit.
B. We make no warranties, expressed or implied, including
the warranty of merchantability or fitness for a particular
purpose, with respect to any of the Benefits or related
information provided to you.
C. Under no circumstances shall our liability exceed Your
current Subscription Fee, and under no circumstances shall
we be liable for Your incidental or consequential damages.
D. We reserve the right to eliminate, add, change and
substitute Benefits and participating providers without
notice to you.
E. We assume no responsibility for the payment of or
contribution to any use or sales tax on the Benefits which
may be imposed by taxing authorities and such taxes, to the
extent imposed, shall remain Your sole responsibility or
that of the provider of the Benefits, as the case may be.
F. Support or assistance with the Benefits via the phone
or a web site is provided on an "as is" and "as available"
basis. You use it at Your sole risk.
3. Personal Information and Privacy
We are committed to protecting Your privacy, however in order
to provide You the Subscription Service and offer You the
greatest value we must collect and sometime share information
about you;
A. Required Personal Information. In order to obtain and
maintain Your Subscription You are required to provide a
limited amount of Personal Information. This includes Your
name, address, date of birth, gender and email address (if
You have one).
B. Optional Personal Information. Any information, other
than Required Personal Information, described above, you
provide in conjunction with making or updating an
application for Subscription is strictly voluntary. Such
data is requested for the purpose of understanding the needs
of Subscribers and developing future Benefits for the
Program.
C. Personal Transaction Information. From time-to-time in
the normal course of business, Subscriber Benefit Providers
may provide acknowledgement or report of purchases or
transactions conducted by Subscribers that may or may not
include Your Personal Information. We will refuse to accept
any information, which contains Personal Information other
than that which You have provided Us as described above. For
your protection Personal Information we will refuse from
such Provider includes, but is not limited to credit card
numbers, banking information, and Social Security numbers.
D. Personal Web Browsing Information. As a Subscriber You
may use Our Internet Web Sites for the purposes of
enrollment, obtaining Benefit descriptions, or receiving
other enhancement to the Subscription Service. On these web
sites we may use cookies and other methods to track web
browsing patterns such as content preferences and traffic
patterns. We also use cookies to allow You to save your
sign-information. You are not required to have cookies
enabled in Your Internet browser in order to use Our web
sites. You understand that this information may be used to
send You Subscriber Communications related to Your usage.
E. Disclosure of Personal Information. We will not
knowingly give, sell, rent, or loan any Personal Information
to any third party, for any purpose with the following
exception: From time-to-time in the ordinary course of
business We may provide your Personal Information to
third-parties for the express purpose of performing
Subscription Services on Our behalf. This is limited to the
mailing of Subscriber Materials, the production of
Subscriber Identification Cards, providing Subscriber
Service to you, sending You information about a Benefit, or
making Subscriber Benefits available for Your use. Under no
circumstances will We knowingly allow a third party use Your
Personal Information for any other purpose than that
described or disclose Your Personal Information to another
party.
F. Access to Your Account. In order to permit Us to
protect the quality of Our Subscription Service, You hereby
consent to Our employees and agents being able to access
Your account and records as necessary to investigate
complaints and other allegations or abuse. We shall not
disclose the existence or occurrence of such an
investigation unless required to by law.
4. Subscriber Communications and Consent
Subscriber Communications may include, but not be limited to
Subscription Materials, Subscription Identification Card,
Newsletter, Benefit Promotions, Notices, and Updates sent in
the form of letters, other mailings or emails. The Health
Insurance Portability and Accountability Act of 1996 (HIPAA)
may require that we obtain your express consent prior to using
any information You provide to Us for the purposes of sending
You Subscriber Communications. You agree that your enrollment
and subsequent participation will serve as Your express
consent to receive any and all Subscriber Communications sent
by and/or its affiliated third parties. Should You wish to
stop receiving promotional particular newsletters, promotions,
or other communications, You may do so by "opting out". Each
mailing You receive will contain specific instructions
regarding how You avoid receiving future mailings of a similar
nature as appropriate.
5. Subscriber Web Site
As a Subscriber You give your express consent to access
program support information from an Internet web site with the
following understanding:
A. Any material downloaded or otherwise obtained through
the use of the service done at Your own risk and you will be
solely responsible for any damage to Your computer system or
loss of data that results from the download of any such
material.
B. You expressly understand and agree that we shall not
be liable for any direct, indirect, incidental, special,
consequential or exemplary damages, including without
limitation, damages for loss of profits, goodwill, use, data
or other intangible losses (even if we have been advised of
the possibility of such damages), resulting from: (i) the
use or inability to use the service; (ii) the cost of
procurement of substitute goods and services resulting from
any goods, data, information or services purchased or
obtained, or messages received, or transactions entered into
through or from the service; (iii) unauthorized access to or
alteration of your transmissions or data; (iv) statements or
conduct of any third party on the service; or (v) any other
matter relating to the service.
C. In order to use Our site, you must have access to the
world wide web, either directly or through devices that
access web-based content. In addition, You must provide all
equipment necessary to make such connection to the world
wide web, including a computer and modem or other access
device. You are solely responsible for all charges
associated with connecting to this web site through an
available access number.
D. Site Links. Our web site may include links to other
Internet sites maintained by third parties ("Linked Sites").
We provide You access to Linked Sites solely as a
convenience to you. We have no control over Linked Sites.
You acknowledge and agree that we are not responsible for
the availability of Linked Sites and You agree and
understand that inclusion of Linked Sites does not imply Our
endorsement of the Linked Sites or any content, advertising,
products or other material available from Linked Sites. You
further agree that we shall not be held responsible or
liable, directly or indirectly, for any damage or loss
caused by or in connection with the use of or reliance on
any such content, goods, or services available on or through
any Linked Sites.
E. Advertising. We use third-party advertising companies
to serve ads when You visit Our site. These companies may
use information about Your visits to Our site in order to
provide advertisements about goods and services of interest
to you. We may share web site usage information about
visitors to Our sites with this company for the purpose of
managing and targeting advertisements and for market
research analysis on our site. For these purposes, we and
Our third-party advertising companies may note some of the
pages You visit on Our site through the use of pixel tags
(also called clear .gifs). In the course of serving
advertisements to this site, our third-party advertisers may
place or recognize a unique "cookie" on Your computer.
6. Subscription Fees
Payment of fees for the Subscription Service is due in
advance. Fees will be collected in the manner established at
the time of enrollment or subsuquent renewal. You are solely
responsible for any "returned check", "overdraft" , "over the
limit" and any other similar fees incurred in connection with
any Subscription or renewal fees and any other amounts
incurred by You when You use this program.
7. Subscription Term
Your Subscription is effective for the lesser of; the period
of time which You have made full payment for; or the duration
of the Subscription Service, which may be cancelled at any
time. Unless You notify Us that You wish to terminate this
Agreement and cancel your Subscription by following the
Instructions below, Your Subscription will continue
automatically.
8. Termination
You agree that we, at Our sole discretion, may terminate Your
Subscription upon refund of remaining Subscription Fees. If
you wish to cancel You Subscription, You may call the customer
service number printed on Your Subscription card and
requesting cancellation from an operator or You may do so in
writing by email to cancel@ or by mail to the following
address, stating Your name, address and Subscription number
clearly:
If You do not cancel Your Subscription (s) via Certified
Mail, We cannot guarantee receipt, and therefore, we cannot
guarantee refund.
9. Use of Subscription
Your Subscription is non-transferable. You agree that only
individual named card holder may use the Subscription.
"Immediate Family" means You, Your spouse and your children
living at Your home. You will promptly notify Us if You become
aware of any unauthorized use of Your Subscription card or
Subscription number, or if your Subscription card is lost or
stolen.
10. Modification of Subscription Service
You agree that at our sole discretion and without prior notice
or liability, We may at any time either temporarily or
permanently, discontinue or modify any aspect of Our site
including without limitation, (i) restricting the operating
hours of customer service; (ii) changing Subscription Fees;
and (iii) restricting or terminating any Subscriber's right to
use the Prescription Plan. If we decide to change the
Subscription Service, we will refer to those changes on Our
web site. If You have provided an email address You will also
be notified by way of an email.
11. Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain
warranties or the limitation or exclusion of liability for
incidental or consequential damages. Accordingly, some of the
limitations herein may not apply to you.
12. Copyright & Trademark Notices
You acknowledge that our web site contains information,
software, photos, video, text, graphics, music, sounds or
other material (collectively, "content") that are protected by
copyrights, patents, trademarks, trade secrets, or other
proprietary rights, and that these rights are valid and
protected in all forms, media and technologies existing now or
hereafter developed. All content is copyrighted under U.S.
copyright laws. The name and logo are trademarks of Agelity.
All other trademarks appearing on the Site are the trademarks
of their respective owners. You may not modify, publish,
transmit, participate in the transfer or sale, create
derivative works, or in any way exploit any of the Content in
whole or in part.
13. Availability Restrictions
This Program is only available to residents of the contiguous
United States. Orders to U.S. military post offices cannot be
fulfilled.
14. Entire Agreement
This Agreement contains all of the Terms of Use for this site
and no representations, inducements, promises or agreements
concerning the use of this site not included in this Agreement
shall be effective or enforceable. If any of the terms of this
Agreement shall become invalid or unenforceable, the remaining
terms shall not be affected.
15. Governing Law
This Agreement regarding the Terms of Use of this site shall
be governed and construed in accordance with the laws of the
State of Delaware without giving effect to the choice of law
provisions thereof. Any dispute arising between You and Us
will be resolved by submission to arbitration in the State of
Delaware in accordance with the rules of the American
Arbitration Association then in effect. Notwithstanding the
foregoing, nothing in this Agreement is intended or shall be
construed to negate or otherwise affect the consumer
protection laws of the state in which You reside.
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