TERMS OF USE OF DISCOUNT CARD AND OTHER SERVICES
BY USING OUR DISCOUNT CARD AND OTHER SERVICES, YOU AGREE TO THESE TERMS OF USE.
Paramount Rx ("Paramount Rx", "We," "Us" or "Our") provides you access to Our services including, but not limited to, Our prescription drug discount card, pharmacy locator, drug pricing tool, drug information tool and other information and content on this website and related services ("Services"). We provide you access to all Our Services, including, but not limited to, this website ("Website"), on the condition that you agree to these terms of use ("Terms of Use"). These Terms of Use include Our Privacy Statement published on this Website.
BY USING OUR SERVICES, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, THEN DO NOT USE ANY OF OUR SERVICES. If you do not agree to these Terms of Use, you may not access or use Our Services. Your agreement to these Terms of Use goes into effect when you use Our card or other Services.
In addition, We may change these Terms of Use at any time and for any reason or no reason at all. The changes may be significant or minor in nature, and it is your responsibility to review these Terms of Use regularly for changes. Your continued use of Our Services means that you agree to all Our changes.
You agree that you will not use any Service for any purpose that is unlawful or is prohibited by these Terms of Use. You also agree not to use any Service in any manner that could damage, disable, overburden or impair any Service or interfere with any other person’s access or use of the Service.
OUR SERVICES ARE PROVIDED WHEN AVAILABLE AND “AS IS,” AND YOU ARE RESPONSIBLE FOR ALL COSTS IN USING OUR SERVICES.
We make no promise that any Service will be error free or uninterrupted, that any defects will be corrected, or that your use of the Services will provide specific results. Our Services are provided when available and “as is.” All the information available through Our Services is for your general guidance only and is subject to variation and change.
The information provided to you through Our pharmacy locator, drug pricing tool, drug information tool and other Services does not guarantee participation by an individual pharmacy or specific prices for prescription drugs or over-the-counter medications. Prices are agreed to by participating pharmacies and are made available to you as part of Our Services, but pharmacy participation and pricing variances occur. You have the sole responsibility of confirming with the pharmacy its participation and prices for medications.
When you access or use any Services, you are responsible for all costs related to your use of Our Services. You are responsible for all internet access fees, data usage access fees, SMS messaging fees and other costs and charges in using any computer, tablet, phone, smart phone or other electronic or mobile device in accessing and using Our Services.
You also assume the risk of any damage to your equipment and devices, software and data while you access Our Services. That damage may arise from power outages, power brownouts and surges, computer viruses, malware and other causes that affect your equipment, devices, software and data.
We may change, enhance or stop providing any of Our Services at any time and without notice to you. Any changes or enhancements to Our Services are subject to these Terms of Use, and We are not liable to you or anyone else for any change or enhancement to Our Services or ending any Service.
WE ARE NOT RESPONSIBLE FOR YOUR USE OF SOCIAL MEDIA OR ANY WEBSITE OR SERVICE.
Our Services may include opportunities for you to view information and communicate with Us through social media services like Twitter and Facebook, and this Website may contain links to other web sites and services owned or operated by third parties (together, "Third Party Sites"). The Third Party Sites are not under Our control, and We are not responsible for the contents of any Third Party Site, including, but not limited to, any link contained in a Third Party Site, or any changes or updates to a Third Party Site. We are not responsible for webcasting or any other form of transmission received from any Third Party Site. We are providing these links to you only as a convenience, and once you click on a link that transfers you from this Website to a Third Party Site, you have left this Website and these Terms of Use do not apply to any of your activity on the Third Party Site. We have no obligation to notify you when you have left this Website or have accessed a Third Party Site. The inclusion of any link does not imply Our endorsement of the Third Party Site or any association with its operators, and your use of the Third Party Site will be governed by the terms of use, privacy policy and any other policies of the Third Party Site.
WE ARE NOT PROVIDING YOU ADVICE OR RECOMMENDING ANY DRUG OR HEALTHCARE PROFESSIONAL.
When you use Our Services, you may receive information related to prescription drugs, over-the-counter drugs, pharmacies, doctors, other healthcare professionals and other persons. All this information is for informational purposes or general guidance only. None of this information is legal, medical, pharmaceutical, financial or other professional advice, and this information is not a substitute for advice from any doctor, pharmacist, healthcare professional or other person. The information you receive through Us also is not a substitute for any diagnosis or treatment, and it is important that you do not make any medical decisions without first consulting your doctor, pharmacist or other healthcare professional. You should see a doctor, pharmacist or other healthcare professional for any questions you may have about a health condition.
We are not recommending any drug or recommending or referring you to any doctor, pharmacy, healthcare professional or other person. Any information you receive through our Services about a doctor, pharmacy, other healthcare professional or other person is not intended as a referral or recommendation of that party or the quality of services provided by that party.
You agree that all transactions you have with any doctor, pharmacist, healthcare professional or other person are solely between that party and you. We are not liable for, and make no warranty regarding, any products or services provided by any such party and you. You agree that any transactions with any such party is solely of your choosing and discretion and at your own risk. Any warranty that is provided in relation to such products, services or transactions is solely through that party.
The receipt of any questions or feedback you submit to Us does not create a professional relationship or any privacy interests other than those described in Our Privacy Statement.
OUR DISCOUNT CARD PROGRAM IS NOT INSURANCE.
Our discount card program is not insurance, and you are responsible to pay for 100% of the cost of any prescription drugs or over-the-counter medicine you purchase using Our card. In addition, part of Our discounted price paid by you may include a processing fee remitted to Paramount Rx. We do not pay for any part of the purchase price of the medication you receive.
To obtain advantage of price savings through Our card, you must present Our card to a participating pharmacy before you pay for your medication. Discounts on the purchase of prescription drugs and over-the-counter medications are available only at participating pharmacies and may vary depending upon the brand drug or generic drug and by pharmacy.
YOU MAY NOT USE OUR DISCOUNT CARD ON CLAIMS PAID BY A GOVERNMENT BENEFIT OR PROGRAM LIKE MEDICAID OR MEDICARE PART D.
If you have private health insurance coverage, you should confirm whether the medication is covered under your insurance and the cost of the medication to you before you use Our card.
YOU AGREE TO USE OUR SERVICES IN A LAWFUL MANNER AND ONLY AS PERMITTED BY THESE TERMS OF USE.
You may not use any Service for any purpose that is unlawful or prohibited by these Terms of Use or to solicit any unlawful act or other act that infringes Our rights or the rights of others. You may not, directly or indirectly, use any Service to obtain or attempt to obtain any financial, health or other non-public personal information from anyone else using Our Services.
You also may not use any Service in any manner that could damage, disable, overburden or impair this Website or other Service or interfere with any other person's use and enjoyment of this Website or other Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Website. Nor may you take any action that imposes an unreasonable or large load on this Website infrastructure or attempt to decipher, decompile or reverse engineer any of the software makes up this Website.
ALL INFORMATION AND CONTENT WE PROVIDE IS OWNED BY US OR OUR LICENSORS.
All information and content We provide you is owned by Us or Our licensors and is protected by copyright and other law.
You may download that information and content solely for your personal use, so long as you keep intact all copyright and other proprietary notices, make no changes to that information or content, and make no representations or warranties relating to that information or content. So long as you comply with these Terms of Use, We grant you a limited, nonexclusive, non-sub-licensable license to access and use Our Services, information and content solely as made available on Our Website. We may revoke this license at any time and without notice.
Except as provided in these Terms of Use, you may not modify, copy, reproduce, republish, upload, post, transmit, hyperlink to or from, or distribute in any way any documents, materials, information or content you obtain in accessing Our Services. In addition, you may not sell, transfer or otherwise use any such documents, materials, information or content for any commercial purpose. We may in Our sole discretion change such information and content at any time and without notice.
We do not make any promise, representation or warranty that your use of Our information, content or other Services will not infringe or violate the rights of other persons. If We receive a notice that any information, content or Service infringes or violates the rights of another person, We may remove or modify the materials or Service from this Website without liability to you or anyone else.
“PARAMOUNT RX” and Our logo are Our trademarks and service marks. You do not have Our permission or the right to use any of Our trademarks, service marks or logos. The names of other companies and the products mentioned in these Terms of Use, this Website and other Services may be the trademarks, service marks or logos of their respective owners.
PARAMOUNT RX MAKES NO WARRANTIES.
PARAMOUNT RX AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH SERVICES ARE PROVIDED WITHOUT WARRANTY OR CONDITION OF ANY KIND. PARAMOUNT RX AND/OR ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO OUR SERVICES INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
OUR LIABILITY IS LIMITED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PARAMOUNT RX AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OUR SERVICES, WITH THE DELAY OR INABILITY TO USE OUR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION OR CONTENT ARISING OUT OF THE USE OF OUR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PARAMOUNT RX OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF NOT WITHSTANDING THESE TERMS OF USE, PARAMOUNT RX OR ITS SUPPLIERS ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF YOUR USE OF INFORMATION OR CONTENT OR OTHER SERVICES, THE LIABILITY OF PARAMOUNT RX AND ITS SUPPLIERS SHALL NOT EXCEED U.S. $100.00. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING OUR SERVICES.
YOU AGREE TO INDEMNIFY US AGAINST USE OR MISUSE OF OUR SERVICES.
You are responsible for any activity that occurs through your use of Our card or other Services and agree to notify Us immediately of any unauthorized use of any of Our Services. You are responsible for all actions taken by anyone in your name or on your behalf or in connection with the card you obtain from Us or Our Services. You agree to indemnify and hold harmless Paramount Rx and its licensors, suppliers, officers and employees against all damages, costs and expenses including attorneys’ fees incurred in connection with any claim or demand by another person arising from any use of Our Services or violation of these Terms of Use, by you or anyone acting on your behalf or using your phone, computer or device.
WE MAY DISCLOSE INFORMATION ABOUT YOU IN CERTAIN CIRCUMSTANCES.
We may disclose information We have about you (including your identity) if We determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of Our Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Our rights or property, or the rights or property of users of Our Services. We also may disclose your information when We determine that applicable law requires or permits such disclosure.
You agree that We may preserve any transmittal or communication by you with Us through any Service or this Website and may also disclose such data if required to do so by law or We determine that such preservation or disclosure is reasonably necessary, (1) to comply with legal process, (2) to enforce these Terms of Use, (3) to respond to claims that any such data violates the rights of others, or (4) to protect the rights, property or personal safety of Paramount Rx, its licensors, suppliers, officers and employees, users of Our Services, visitors to this Website, and the public.
WE MAY TERMINATE OR SUSPEND YOUR USE OF OUR SERVICES OR TAKE OTHER ACTION IN CONNECTION WITH A VIOLATION OF THESE TERMS OF USE.
By using Our card or other Services, you agree that We may, in Our sole discretion, terminate, suspend or restrict your access or use of any of Our Services, without notice. We are not liable to you or anyone else for any damages that may arise for terminating, suspending or restricting your access to Our Services.
GOVERNING LAW; CHOICE OF FORUM; MANDATORY, BINDING ARBITRATION.
To the maximum extent permitted by law, all matters related to your access to or use of Our Services and these Terms of Use are governed by the laws of the State of North Carolina, U.S.A. without regard to its choice of law principles. Except as provided in these Terms of Use, You agree and consent to the personal jurisdiction and venue of the United States District Court, Eastern District of North Carolina, and the state courts for Wake County, North Carolina, U.S.A. in all disputes arising out of or relating to the access or use of Our Services and these Terms of Use, and waive any objection to such jurisdiction or venue.
Any claim related to Our Services or these Terms of Use must be brought within one (1) year after the cause of action arises, or the claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.
In the event of any actual or threatened violation of confidentiality, intellectual property or other proprietary rights of Paramount Rx or you in connection with your use of Our Services or these Terms of Use, either Paramount Rx or you may seek an injunction or other immediate equitable relief without posting any bond or other security or proof of damages. In the event of any other dispute, claim or controversy between Paramount Rx and you arising out of or relating to your use of Our Services or these Terms of Use, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If We and you are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then the dispute shall be submitted to JAMS, or its successor, for final and binding arbitration as provided below.
Except as otherwise provided in these Terms of Use, any dispute, claim or controversy arising out of or relating to your use of Our Services or these Terms of Use, shall be determined on an individual basis by arbitration in Wake County, North Carolina U.S.A. The arbitration shall be administered by JAMS pursuant its Streamlined Arbitration Rules and Procedures and before a sole arbitrator who shall be a lawyer with not less than 5 years’ experience in the prescription drug discount card industry and selected pursuant to JAMS Rules and Procedures. The arbitrator shall be bound by and render judgment in accordance with these Terms of Use. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude Paramount Rx or you from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Notwithstanding the above provision with respect to the applicable substantive law of the State of North Carolina, any arbitration conducted shall be governed by the Federal Arbitration Act. WITH RESPECT TO ANY CLAIM RELATED TO THE SERVICES OR THESE TERMS OF USE, PARAMOUNT RX AND YOU WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR ANY PROCEEDING INVOLVING MULTIPLE CLAIMANTS.
NOTICE TO US.
If you have any questions about these Terms of Use, please contact Us as follows:
By Email: contact@paramountrx.com
By Mail: 2054 Kildaire Farm Rd. #403, Cary NC 27518
GENERAL PROVISIONS.
You must be at least 13 years of age to access or use Services that are available on this Website. However, Our card may be used to purchase medications for any individual regardless of age.
These Terms of Use are between Paramount Rx and you and no one else. These Terms of Use are not intended to confer any rights or remedies on any other person. You agree that no joint venture, partnership, employment, fiduciary or agency relationship exists between Paramount Rx and you as a result of these Terms of Use or use of Our Services. You may not assign or transfer your rights or duties under these Terms of Use to anyone else, and any such assignment or transfer is void and of no effect. We may assign Our rights and duties under these Terms of Use at any time and in Our discretion.
Unless otherwise specified in these Terms of Use, these Terms of Use constitute the entire agreement between Paramount Rx and you with respect to the Services and supersede all prior or contemporaneous agreements or understandings between Paramount Rx and you related to the Services. If any part of these Terms of Use is determined to be invalid or unenforceable under applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.
Our failure to exercise a right or to insist on or enforce strict performance of these Terms of Use may not be construed as a waiver by Us of any provision or any right We have to enforce these Terms of Use. Nor may any course of conduct between Us and you be deemed to modify any provision of these Terms of Use.
Our performance under these Terms of Use is subject to existing laws and legal process. Nothing in these Terms of Use is in derogation of Our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Paramount Rx with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in arbitration, judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.
We are not liable for Our failure or delay in providing any of Our Services because of circumstances beyond Our reasonable control. These circumstances include, but are not limited to, acts of God, weather, fire, accident, war, terroristic acts, failures of utilities and telecommunication carriers, labor strikes and disturbances, administrative and judicial orders and laws and regulation.
Use of Our Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use.
If you have any questions or need additional information about these Terms of Use or the Privacy Statement, please email Us at:
contact@paramountrx.com.
Effective: September 1, 2014
Last Updated: September 1, 2016
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