This Agreement made between FamilyWize ("FW"), a Pennsylvania corporation, and any person using a prescription drug discount card (“Card” and "Cardholder") distributed by or through FW and various distributing organizations (“Distributing Organizations”).
- FW and Distributing Organizations are information services only. The service which FW and Distributing Organizations provide to Cardholders may allow them to purchase prescription medication at a discount through participating pharmacies. USE OF A CARD BY A CARDHOLDER WILL CONSTITUTE ACCEPTANCE BY A CARDHOLDER OF ALL OF THE TERMS AND CONDITIONS HEREIN. CARDHOLDER IS RESPONSIBLE FOR THE ENTIRE PAYMENT OF THEIR MEDICAL OR HEALTH CARE BILL AFTER THE DISCOUNT IS APPLIED.
- Neither this Agreement, nor any of the rights or obligations of Cardholders hereunder, may be assigned, in whole or in part. Cardholders agree that they will use the Card only for their own benefit and for their spouse and dependent children residing in their household. Cardholders shall be responsible for all use of Cards and shall notify FW immediately of any unauthorized use of a Card.
- NEITHER FW NOR ANY DISTRIBUTING ORGANIZATION SHALL HAVE ANY LIABILITY TO ANY CARDHOLDER AS A SELLER OF ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR ANY DEFECTIVE PRODUCT. FW AND DISTRIBUTING ORGANIZATIONS MAKE NO WARRANTY, EXPRESS OR IMPLIED, AS TO DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, PRODUCTIVENESS, OR ANY OTHER MATTER, FOR ANY PRODUCTS PURCHASED BY CARDHOLDERS USING A CARD. NEITHER FW NOR ANY DISTRIBUTING ORGANIZATION SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY ACTUAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES. NEITHER FW NOR ANY DISTRIBUTING ORGANIZATION SHALL BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, INCLUDING INFORMATION IN THE CARDHOLDER MATERIALS AND COMMUNICATIONS, PRICE CHANGES OR OUT-OF-STOCK PRODUCTS AVAILABILITY. ALL BENEFITS, DISCOUNTS, PRICES, ACCESS TELEPHONE NUMBERS AND PROCEDURES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
- SMS TERMS & CONDITIONS: To opt out at any time, text the word STOP to700700. For help, text the word HELP to 700700. For additional support email email@example.com or call toll free (800) 222-2818. 8 msgs/mo. Message & Data Rates May Apply. This service is available on the following carriers: AT&T, Alltel, T Mobile, Verizon Wireless, U.S. Cellular, Sprint, Nextel, Boost, Cellcom, Cellular One, Cellular South, Cincinnati Bell, nTelos, Virgin Mobile, ACS Wireless, Bluegrass, Centennial, Cox Communications, ECIT - Cellular One of East Central Illinois, EKN - Appalachian Wireless, GCI Communications, Immix - PC Management, Inland Cellular, IVC - Illinois Valley Cellular, Nex-Tech Wireless, RCC/Unicel, Revol, RINA/All West Wireless, RINA/CTC Telecom-Cambridge, RINA/FMTC-Farmers Mutual Telephone Co., RINA/Nucla-Naturita Telephone Co., RINA/Silverstar, RINA/Snake River PCS, RINA/South Central, RINA/Syringa Wireless, RINA/UBET, West Central Wireless, Metro PCS.
- Cardholder acknowledges and agrees that by using the Card or services offered by FW, certain information related to the prescriptions obtained through the program will be collected. Cardholder acknowledges and agrees that this information will be used for the administration of the program. Some of this information may be associated with Cardholder and may constitute protected health information (PHI) under HIPAA. Any PHI collected by FW shall be maintained as confidential, protected in accordance with HIPAA, and not be disclosed except as authorized by Cardholder. By requesting certain information to be provided to Cardholder, either through the website, e-mails, text messages, or any other mode of communication, Cardholder authorizes FW to provide such information to Cardholder via such modes of communication. Cardholder hereby consents to the collection and use of the information by FW in the manner described above. Cardholder consents (subject to the Text opt out provisions of paragraph #4) to the receipt of telephone, text-message or other form of electronic communication from FW regarding the Card, services offered by FW and general health information. If at any time you do not wish to receive email communication, please send an email to us at firstname.lastname@example.org.
- Any notices from Cardholders to FW must be in writing and shall be deemed to have been given when actually delivered to FW by U.S Mail. Any notice from FW to Cardholders shall be deemed to have been given when delivered to the address the Cardholders have given to FW.
- This Agreement shall be governed by and enforceable in accordance with the laws of the Commonwealth of Pennsylvania. Cardholders agree that service of process may be made by certified mail, postage prepaid, to Cardholder. Cardholders agree that, in the event of any dispute, Cardholders shall be responsible for reasonable attorney's fees and court costs incurred by FW.