This Agreement made between FamilyWize Community Service Partnership, Inc. ("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.
- Cardholder acknowledges and agrees that by using the Card or services offered by FW, information related to the prescriptions obtained through the program will be collected from pharmacies, including name identifiers, birth date, gender, zip code information, and prescription information. Cardholder acknowledges and agrees that this information will be used for the administration of the FW prescription drug discount program and disclosed to third parties for purposes of other programs that FW may enter into with health care providers for various treatment, payment, or health care operations purposes, including for purposes of promoting better health outcomes, patient drug adherence programs, and making available patient financial assistance. Some of this information may constitute protected health information (PHI) under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), which is information created or received by a health care provider, health plan, or health care clearinghouse relating to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual that identifies or can be used to identify an individual. FW will seek to maintain any PHI it collects as confidential, safeguard it in accordance with HIPAA, and not disclose it except as set forth above. 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.