This Agreement was last revised on April 26, 2019.
1. USER'S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
2. ACQUIRE HEALTH LLC IS NOT INSURANCE
ACQUIRE HEALTH LLC IS A PRESCRIPTION DRUG DISCOUNT PROGRAM THAT OFFERS DISCOUNTED PRICING ON PRESCRIPTION MEDICATIONS FROM PARTICIPATING PHARMACIES. ACQUIRE HEALTH LLC IS NOT AN INSURANCE PLAN, AND IS NOT INTENDED AS A SUBSTITUTE FOR INSURANCE. THE ACQUIRE HEALTH LLC PRESCRIPTION DRUG DISCOUNT PROGRAM CANNOT BE USED IN CONJUNCTION WITH (1) ANY FEDERAL OR STATE-FUNDED PROGRAM SUCH AS MEDICARE OR MEDICAID, OR (2) ANY HEALTH INSURANCE COVERAGE OR BENEFIT. THE ACQUIRE HEALTH LLC 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 Acquire Health LLC 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 Acquire Health LLC 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
Acquire Health LLC 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 Acquire Health LLC’s cost structure.
4. APPOINTMENT OF ACQUIRE HEALTH LLC AS YOUR AGENT
The Acquire Health LLC 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 Acquire Health LLC Services, Acquire Health LLC needs you to authorize Acquire Health LLC to take certain actions on your behalf.
5. USE OF PROMOTIONS AND ACQUIRE HEALTH LLC MEMBERSHIPS
6. YOUR HEALTH CARE CHOICES
As outlined above, Acquire Health LLC 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 Acquire Health LLC 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 Acquire Health LLC Services and from health care providers that do not have arrangements with Acquire Health LLC.
7. DESCRIPTION OF SERVICES
You understand and acknowledge that this Website is being provided and made available on an “AS IS” and “AS AVAILABLE” basis. The Service 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 Service.
Additionally, Acquire Health LLC 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.
8. NO PRACTICE OF MEDICINE
The Acquire Health LLC Services 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 Acquire Health LLC. Use of the Website or the Acquire Health LLC Services does not create a physician/patient or provider/patient relationship with Acquire Health LLC. Acquire Health LLC 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 this 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
This 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
Acquire Health LLC retains all copyright, trademark, trade dress and other proprietary rights in the contents of this Website and the Acquire Health LLC 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 Acquire Health LLC or any third party. Certain portions of the Acquire Health LLC Services contain information supplied and updated by third parties, or include links to third-party sites. Acquire Health LLC is not responsible for, and makes no warranty as to the accuracy of, any of such information on those sites.
Acquire Health LLC claims no ownership in, nor any affiliation with, third-party trademarks, trade dress or brand names that may appear on this 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 Acquire Health LLC should be inferred from their use. You are not permitted to use the trademarks or trade dress displayed on the Acquire Health LLC Services without the prior written consent of Acquire Health LLC 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 Acquire Health LLC’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 Acquire Health LLC 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 ACQUIRE HEALTH LLC SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ACQUIRE HEALTH LLC DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY PERSONAL INFORMATION. ACQUIRE HEALTH LLC 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.
ACQUIRE HEALTH LLC MAKES NO WARRANTY THAT (1) THE ACQUIRE HEALTH LLC SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE ACQUIRE HEALTH LLC 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 ACQUIRE HEALTH LLC 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 ACQUIRE HEALTH LLC 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 THIS 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 THIS WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OF OUR AFFILIATES.
Content available through this 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 Acquire Health LLC spokesperson speaking in his/her official capacity.
You understand and agree that temporary interruptions of the services available through this 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 this Website, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this Website are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, misdelivery 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 THIS WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO OR FROM THIS WEBSITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THIS WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS 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.
15. BINDING ARBITRATION AND CLASS ACTION WAIVER
In the event of a dispute, you or Acquire Health LLC 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 Acquire Health LLC, 1 East Broward Boulevard, Suite 300 West, Fort Lauderdale, FL 33301. We will send any notice of dispute to you at the contact information that we have for you. You and Acquire Health LLC 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 Acquire Health LLC 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, Acquire Health LLC will pay all filing, AAA, and arbitrator’s fees and expenses. You and Acquire Health LLC agree to pay their own attorneys’ fees. Arbitration shall be initiated and take place at a reasonable location agreed to by the parties in the county of Broward, Fort Lauderdale, Florida, and you and Acquire Health LLC 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 Acquire Health LLC 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.
16. CHOICE OF FORUM
17. CHOICE OF LAW
18. SECURITY AND PASSWORD
You may be required to establish a password for your membership account. You are solely responsible for maintaining the security of your password and membership account and for any and all statements made and acts or omissions that occur through the use of your password and membership account. Therefore, you must take steps to ensure that others do not gain access to your password and membership account. We will never ask you for your password. You may not transfer or share your membership account with anyone, and We reserve the right to immediately terminate your membership account if you do transfer or share your membership account.
19. PARTICIPATION IN PROMOTIONS
This Website may contain advertisements or promotions that are offered by third parties. You may be required to arrange with or participate in promotions by communicating with those third-party advertisers. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the third-party advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
20. EMAIL, MESSAGING, BLOGGING, AND CHAT SERVICES
We may make blogging or chat services (collectively, "Communications") available to users of the Website, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.
We will not inspect or disclose the contents of private Communications except with the consent of the sender (or the recipient), or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by a court or governmental order.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited Communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate Communications that are blocked, or for any unsolicited Communications that are not blocked.
21. INTERNATIONAL USE
Although this Website may be accessible worldwide, We make no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.
22. TERMINATION OF USE
23. DISCLOSURE OF CERTAIN FINANCIAL RELATIONSHIPS
Acquire Health LLC may at times receive compensation from its pharmaceutical manufacturer partners for providing marketing, adherence and other services.
Acquire Health LLC
1 East Broward Boulevard Suite 300 West
Fort Lauderdale, FL 33301
25. GENERAL PROVISIONS
Any cause of action brought by you against us or our Affiliates must be instituted with 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 Acquire Health LLC.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Website, or use of or access to this 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.
Acquire Health LLC allows you to submit user feedback and testimonials ("Testimonials") about your experience with Acquire Health LLC. Testimonials include all feedback submitted via any channel, including but not limited to via the Website and mobile applications, social media, email, survey and customer service communications.
By submitting a Testimonial, you agree, in perpetuity, that Acquire Health LLC 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 Acquire Health LLC 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.
28. MESSAGING SERVICES
Acquire Health LLC may allow users to request and receive pricing information, cards and coupons via communications, including, but not limited to, text messaging and email. By requesting pricing information, cards and coupons from Acquire Health LLC, you are consenting to be contacted with prescription-related information. You acknowledge that there may be some risk that the information in the communication(s) could be read by a third party. Acquire Health LLC provides no warranty for, or guarantee of, any of the pricing data or other information provided to you via such communications.