1. USER'S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
If your use of the Services is terminated for any reason, then: (a) these terms will continue to apply and be binding upon you in respect of your prior use of the Services (and any unauthorized further use of the Services), including your indemnification obligations; and (b) any rights or licenses granted to us under these Terms will survive such termination.
2. BUZZRX IS NOT INSURANCE
BUZZRX IS A PRESCRIPTION DRUG DISCOUNT PROGRAM THAT OFFERS DISCOUNTED PRICING ON PRESCRIPTION MEDICATIONS FROM PARTICIPATING PHARMACIES AND PRESCRIPTION PRICING INFORMATION. THE PRESCRIPTION DISCOUNTS AND COUPONS OFFERED VIA BUZZRX.COM AND THE BUZZRX MOBILE APPLICATION ARE FREE. BUZZRX IS NOT AN INSURANCE PLAN, AND IS NOT INTENDED AS A SUBSTITUTE FOR INSURANCE. THE BUZZRX PRESCRIPTION DRUG DISCOUNT PROGRAM CAN BE USED INSTEAD OF, BUT NOT IN CONJUNCTION WITH, (1) ANY FEDERAL OR STATE-FUNDED PROGRAM SUCH AS MEDICARE OR MEDICAID, OR (2) ANY HEALTH INSURANCE COVERAGE OR BENEFIT. THE BUZZRX PRESCRIPTION DRUG DISCOUNT PROGRAM ALSO DOES NOT MEET MINIMUM CREDITABLE COVERAGE REQUIREMENTS UNDER STATE INSURANCE REGULATIONS.
Please note that cash payments that you make for medications through the Services may not count toward your health insurance deductible, but you can confirm that by contacting your health plan. If you are a Medicare Part D beneficiary, then cash payments made through the Services will not count toward your Medicare Part D cost-sharing obligation because the Program operates entirely outside of any health insurance coverage.
3. PRESCRIPTION DRUG PRICING AND CHARGES
Prescription Drug Pricing
BuzzRx reserves the right to change its prescription drug prices in real time based on supply and demand trends, the location of the customer, the customer’s historical purchases, and any other factors that may have an impact on BuzzRx’s cost structure. The prices we show are our best estimate. For an exact price, please contact the participating pharmacy on the day that you plan to fill your prescription.
Additional Savings Promotion
Additional Savings are available on eligible prescriptions filled at participating pharmacies when you use your BuzzRx Card and the code that has been sent to you by BuzzRx via email or other form of communication. Promotion exclusions include, but are not limited to, all prescriptions with a discounted price of less than $5. BuzzRx reserves the right to add or remove prescriptions eligible for Additional Savings at any time, at its sole discretion, and without notice. These exclusions may change at any time. Additional Savings will apply automatically only to the next eligible prescription and all other prices will adjust, accordingly at point of sale. Additional Savings are not transferable and cannot be combined with other offers. Additional Savings have no residual cash value. Additional Savings may not be redeemed for cash and are not transferable to any other individual or entity. Any transfer or attempt to transfer Additional Savings shall result in revocation of your Additional Savings.
BuzzRx may also provide coupons that provide Additional Savings of up to $5 off on specific prescriptions. These coupons may be used one time per unique individual.
Redeeming Additional Savings
Once you input the code that has been sent to you by BuzzRx via email or other form of communication, Additional Savings will deduct automatically from the next eligible prescription filled using your BuzzRx Card at a participating pharmacy. Additional Savings made available to you will apply using a unique combination of your legal first name, last name, and email. The Additional Savings code may only be applied one time per unique individual. Pharmacy purchases which are reversed or returned may have Additional Savings reinstated, however, it may take up to 72 hours until these Additional Savings become available for use again. The Additional Savings code will expire one year from the date of issue.
4. APPOINTMENT OF BUZZRX AS YOUR AGENT
The Services include a variety of health care management services designed to reduce the cost of your health care and to potentially facilitate your health care-related interactions with physicians, pharmacies, insurance providers, and pharmacy benefit managers (“PBMs”) (collectively, “Health Care Providers”). In order to provide you with these, BuzzRx needs you to authorize BuzzRx to take certain actions on your behalf.
5. USER ACCOUNTS
6. YOUR HEALTH CARE CHOICES
As outlined above, BuzzRx acts as your agent in facilitating a variety of health care-related interactions with your health care providers, but only to the extent that those interactions are initiated by you. You remain responsible for your health care choices and decisions. The Services are designed to offer you with additional choices and options regarding your health care, not limit those choices and options. You may always choose to obtain health care products and services through channels other than the Services and from health care providers that do not have arrangements with BuzzRx.
7. DESCRIPTION OF SERVICES
You understand and acknowledge that the Website is being provided and made available on an “AS IS” and “AS AVAILABLE” basis. The Services may be subject to unpredictable disruptions/suspensions, or contain errors or inaccuracies that could cause failures, corruption, or loss of data and/or information from your device and from peripheral devices and systems (including, without limitation, servers and computers) connected thereto. We strongly encourage you to back up all data and information before interfacing with the Website. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION, OR DATA. In addition, We are not obligated to provide any maintenance, technical, or other support for the Services.
Additionally, BuzzRx reserves the right, at any time, to immediately, and without notice, suspend service to the Website to conduct routine maintenance, or otherwise, for, including, but not limited to, making improvements and modifications.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. BuzzRx does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
8. NO PRACTICE OF MEDICINE
The Services are for informational purposes only and are not intended to be, and must not be taken to be, the practice of medicine or the practice of other health care services by BuzzRx. Use of the Website or the Services does not create a physician/patient or provider/patient relationship with BuzzRx. BuzzRx is not recommending or endorsing any specific prescription drug, pharmacy, or other information. Please seek medical advice before starting, changing, or terminating any medication or prescription.
9. CONDUCT ON WEBSITE
Your use of the Website is subject to all applicable laws, statutes, codes, ordinances, rules, and regulations, and you are solely responsible for your actions and the content of your communications through the Website. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive services that may be available to you on or through the Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content – including text, communications, software, images, sounds, data, or other information – that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, rights of publicity, or other proprietary rights of any party;
- constitutes unauthorized or unsolicited advertising, junk, or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any of our employees or representatives.
Not all areas of the Website may be available to you or other authorized users of the Website. You shall not interfere with anyone else's use and enjoyment of the Website or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, or other affiliation with our Website without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
10. LINKS TO OTHER WEBSITES
The Website may link you to other websites on the Internet or otherwise include references to information, documents, software, materials, and/or services provided by unaffiliated third parties. These sites may contain information or material that some people may find inappropriate or offensive. These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
11. PROPRIETARY RIGHTS IN WEBSITE CONTENT
BuzzRx retains all copyright, trademark, trade dress, and other proprietary rights in the content of the Website and the Services (the “Content”). Elements of the Content are protected by copyright, trademark, trade dress, and other laws, and may not be copied or imitated in whole or in part. Nothing shall be construed as granting you any license under any patent, trademark, trade dress, or copyright of BuzzRx or any third party. Certain portions of the Services contain information supplied and updated by third parties, or include links to third-party sites. BuzzRx is not responsible for, and makes no warranty as to the accuracy of, any of such information on those sites.
BuzzRx claims no ownership in, nor any affiliation with, third-party trademarks, trade dress, or brand names that may appear on the Website. Such third-party trademarks and trade dress are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of BuzzRx should be inferred from their use. You are not permitted to use the trademarks or trade dress displayed on the Services without the prior written consent of BuzzRx or the third party that may own the trademarks.
No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without BuzzRx’s prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright, trademark, trade dress, and all other proprietary notices intact. You may not republish Content contained in the Services or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.
12. USE OF MATERIALS
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from the Website without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
13. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT BUZZRX DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY PERSONAL INFORMATION. BUZZRX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
BUZZRX MAKES NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE QUALITY OF ANY INFORMATION, INCLUDING PRICING INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (4) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND 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.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Through your use of the Website, you may have the opportunity to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to, the purchase details, payment terms, warranties, guarantees, maintenance, and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE WEBSITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OF OUR AFFILIATES.
Content available through the Website often represents the opinions and judgments of an information provider, Website user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized BuzzRx spokesperson speaking in his/her official capacity.
You understand and agree that temporary interruptions of the Services available through the Website may occur as normal events. You further understand and agree that we have no control over third-party networks you may access in the course of the use of the Website, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the Services available on the Website are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO OR FROM THE WEBSITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THE WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless BuzzRx, and its directors, officers, employees, agents, parents, subsidiaries, affiliates, and representatives, from and against any and all claims, liabilities, losses, damages, causes of action, costs, and expenses (including without limitation court costs and attorneys’ fees) that any of them may suffer or incur as a result of or in connection with: (a) your use of the Services or services or goods obtained through your use of the Services; (b) your breach or violation of any of these Terms; (c) BuzzRx's use of your User Content; or (d) your violation of the rights of any third party, including Third-Party Providers.
16. BINDING ARBITRATION AND CLASS ACTION WAIVER
In the event of a dispute, you or BuzzRx must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to Watertree Ventures LLC, d/b/a BuzzRx, 1 East Broward Boulevard, Suite 205W, Fort Lauderdale, FL 33301. We will send any notice of dispute to you at the contact information that we have for you. You and BuzzRx will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or We may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and BuzzRx do not resolve the dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. Arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
Unless the arbitrator finds that the arbitration was frivolous or brought for an improper purpose, BuzzRx will pay all filing, AAA, and arbitrator’s fees and expenses. You and BuzzRx agree to pay their own attorneys’ fees. Arbitration shall be initiated and take place at a reasonable location agreed to by the parties in Broward County, Fort Lauderdale, Florida, and you and BuzzRx agree to submit to the personal jurisdiction of the state and federal courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor BuzzRx will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
17. CHOICE OF FORUM
18. CHOICE OF LAW
19. PARTICIPATION IN PROMOTIONS
Our Website may contain promotions offered by third-party companies. To participate in the promotions, you may be required to communicate with those third-party companies. Any terms, conditions, warranties, or representations associated with these communications or promotions including but not limited to the delivery of and the payment for goods and services are solely between you and the third-party companies. BuzzRx assumes no liability, obligation, or responsibility for any part of any such communications or promotions.
20. TEXT MESSAGING
By opting into our messaging program and providing your wireless phone number to BuzzRx, you expressly consent to receive text messages, including marketing text messages, from or on behalf of BuzzRx at the number(s) provided. Message frequency varies.
Your consent to receive texts on your wireless device is not a condition of any purchase. Consent may be revoked at any time by calling our toll-free number 844-494-2368. You may also send an opt-out request via email to email@example.com noting the phone number you wish to opt out. To opt out of receiving marketing text messages at any time, text the word “STOP” to the text message using the mobile device on which the message was received. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If you are experiencing issues with the messaging program, you can reply with the keyword “HELP” for more assistance, or you can get help directly by calling our toll-free number 844-494-2368.
21. TELEPHONE CALLS
By providing your residential or wireless phone number to BuzzRx, you expressly consent to receive marketing and non-marketing autodialed and/or prerecorded calls from BuzzRx at the number(s) provided. Your consent to receive calls is not a condition of any purchase. Consent may be revoked at any time by calling our toll-free number 844-494-2368. You may also send an opt-out request via email to firstname.lastname@example.org noting the phone number you wish to opt out.
You may opt out of marketing email communications by clicking “unsubscribe”, which is found at the bottom of the email. Please note that you may still receive emails relating to your account or the Services.
23. ELIGIBLE USERS
If you do not meet all of the following requirements, you must not access or use the Services:
- You are 18 years of age or older and can form a binding contract with BuzzRx.
- You reside in the United States or any of its territories or possessions.
24. DISCLOSURE OF CERTAIN FINANCIAL RELATIONSHIPS
BuzzRx may at times receive compensation from its pharmaceutical manufacturer partners for providing marketing, adherence, and other services.
Watertree Ventures LLC, d/b/a BuzzRx
1 East Broward Boulevard
Fort Lauderdale, FL 33301
26. GENERAL PROVISIONS
Any cause of action brought by you against us or our affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
No amendment or modification of this Agreement will be effective without the prior written consent of BuzzRx.
You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any portion of the Website, or use of or access to the Website.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through the Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, Acts of God, labor disturbance, war, terrorism, fire, or other casualty, accident, adverse weather, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
BuzzRx allows you to submit user feedback and testimonials ("Testimonials") about your experience with BuzzRx. Testimonials include all feedback submitted via any channel, including, but not limited to, via the Website, social media, email, survey, and customer service communications.
By submitting a Testimonial, you agree, in perpetuity, that BuzzRx may use your Testimonial, including in edited and partial form, together with your name, location, and any other personal information you provide in any and all forms of marketing and promotional material including, without limitation, Website publication, print ads, online ads, television ads, radio ads, social media, and for any and all other uses. You also release BuzzRx and its executives, officers, employees, agents, representatives, partners, affiliates, and assigns from any and all claims, actions and liability relating to its use of your Testimonial.
29. MESSAGING SERVICES
By requesting and receiving pricing information and cards/coupons via text messaging, email, and other communications, you are consenting to be contacted with information about your prescriptions. You acknowledge that there may be some risk that the information in the communication(s) could be read by whoever has access to your computer or mobile device. BuzzRx provides no warranty for, or guarantee of, any of the pricing data or other information provided to you via such communications.