TERMS OF USE

This Agreement was last revised on April 26, 2019.

1. USER'S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS

These Terms of Use (the “Terms of Use” or the “Agreement”) describe the terms on which you may access and use the prescription discount program (the “Program”) and related products and services (the “Acquire Health LLC Services”) offered through the website and/or mobile app that links to these Terms of Use (the “Website”).  The Program and Website are owned and operated by Acquire Health LLC (“Acquire Health LLC”).

BY USING THIS WEBSITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. YOUR CONTINUED USE OF THE ACQUIRE HEALTH LLC SERVICES, PROGRAM OR WEBSITE FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS OF USE CONSTITUTES ACCEPTANCE OF THOSE CHANGES. IN THE EVENT OF ANY INCONSISTENCY BETWEEN THE ACQUIRE HEALTH LLC PRIVACY POLICY AND THIS AGREEMENT, THIS AGREEMENT SHALL CONTROL.

ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS OF USE AS IT AFFECTS YOUR LEGAL RIGHTS UNDER THIS AGREEMENT (SECTION 15).

We may revise the Terms of Use from time to time by updating these Terms of Use and Website, with the new terms taking effect on the date of posting. You should review these Terms of Use every time you use the Acquire Health LLC Services because they are binding on you.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE OR THE ACQUIRE HEALTH LLC SERVICES.

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.

By accepting these Terms of Use, you hereby acknowledge and agree that Acquire Health LLC has been appointed as your agent (see Section 4 for more details) with respect to medications that you have selected to purchase through the Acquire Health LLC Services. You have the right to cancel your access to the Acquire Health LLC Services at any time as described in the “Termination of Use” Section (Section 22). You may request a written list of pharmacies participating in the Program in your area, including name, address and phone number, by contacting us as indicated in the “Notices” Section (Section 24). Acquire Health LLC does not make any payments to pharmacies to participate in the Program.  The list of participating pharmacies may change from time to time and at any time without prior notice.

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.

ACCORDINGLY, BY ACCEPTING THESE TERMS OF USE, YOU APPOINT ACQUIRE HEALTH LLC AS YOUR AGENT WITH RESPECT TO, INCLUDING, BUT NOT LIMITED TO, (I) OBTAINING RELEVANT PORTIONS OF YOUR MEDICAL INFORMATION, (II) FINDING LOWER PRICES FOR YOUR PRESCRIPTIONS, (III) FINDING COUPONS AND DISCOUNTS THAT MAY REDUCE THE COST OF YOUR PRESCRIPTIONS, (IV) CONTACTING HEALTH CARE PROVIDERS, INCLUDING PHARMACIES, ON YOUR BEHALF TO REQUEST MEDICAL INFORMATION NECESSARY TO PROVIDE ACQUIRE HEALTH LLC’S SERVICES, OR (V) CREATING OTHER SEAMLESS, TAILORED HEALTH CARE EXPERIENCES. Examples of communications that Acquire Health LLC may make on your behalf as your agent include contacting your pharmacy to (i) request the transfer of your prescription to a new pharmacy, (ii) initiate a prescription refill or auto-refill, or (iii) request that the pharmacy seek a prescription renewal authorization from your physician.

Acquire Health LLC will be authorized to act as your agent solely for the purpose of providing the Acquire Health LLC Services outlined in these Terms of Use. Your appointment of Acquire Health LLC as your agent will end if this Agreement is terminated as described in the “Termination of Use” Section (Section 22).

5. USE OF PROMOTIONS AND ACQUIRE HEALTH LLC MEMBERSHIPS

You may only obtain one Acquire Health LLC membership for your personal use; creation of multiple Acquire Health LLC memberships by a single user is a breach of these Terms of Use with the limited exception that you may create a membership for a dependent or other person(s) for whom you have the authority to purchase and pick up medication; in that event, you will be responsible for these Terms of Use. Acquire Health LLC may offer promotions from time to time, such as programs that offer you rewards for referring new users to Acquire Health LLC or filling your first prescription through Acquire Health LLC (“Acquire Health LLC Promotions”). Referral promotion codes are intended for an invited user’s first prescription filled through Acquire Health LLC – not for existing Acquire Health LLC users. First-prescription promotions may only be used once by an individual user – you may not create multiple Acquire Health LLC memberships and use a first-prescription promotion code more than once. A code issued to you to participate in a Acquire Health LLC Promotion should only be used for personal and non-commercial purposes. This means that you can invite your friends to become Acquire Health LLC members as part of a Acquire Health LLC referral promotion using your personal connections via social media where you are the primary content owner. Acquire Health LLC is not responsible for your use of any of your social media for this or any other purpose.  Public distribution of a Acquire Health LLC referral promotion on sites where you are a contributor but not the primary content owner (e.g., Wikipedia, coupon websites) is not allowed. Promoting your referral code via Search Engine Marketing (e.g., AdWords/Yahoo/Bing) is also not allowed. Acquire Health LLC reserves the right to suspend your membership and to revoke any referral credits if they were earned in violation of these Terms of Use.

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.

We reserve the sole right to either modify or discontinue the Website, including any of the Website's features, at any time, with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this Website shall also be subject to these Terms of Use.

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.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third-party users of the Website. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Website. However, We have the right, at our sole discretion, to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our Website, or is otherwise inappropriate, harmful, repugnant, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See "Use of Materials" below (Section 12) for a description of the procedures to be followed in the event that any party believes that content posted on this Website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party.

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

Subject to our Privacy Policy, any communication or material that you transmit to this Website or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, fully paid-up, perpetual, and worldwide right and license to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

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.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACQUIRE HEALTH LLC OR THROUGH OR FROM THE ACQUIRE HEALTH LLC SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

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

You and Acquire Health LLC agree to arbitrate all disputes between you and Acquire Health LLC or its affiliates, except disputes relating to the enforcement of Acquire Health LLC’s or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning the Services or these Terms of Use, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and Acquire Health LLC empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these Terms of Use, including the arbitrability of any dispute and any claim that all or any part of these Terms of Use are void or voidable.

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

You agree that any action at law or in equity arising out of or relating to these Terms of Use that is not subject to arbitration shall be filed, and that venue properly lies, only in the state and federal courts located in the county of Broward, Fort Lauderdale, Florida and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action. 

17. CHOICE OF LAW

These Terms of Use are governed by and construed in accordance with the laws of the State of Florida, without giving effect to any conflict of laws principles or choice of law principles that would otherwise result in the application of the laws of a different jurisdiction.

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

Acquire Health LLC reserves the right, in its sole discretion, to terminate your access to all or part of the Acquire Health LLC Services, with or without notice. Examples of activity that may lead to a termination of your use of the Acquire Health LLC Services include your breach of any of these Terms of Use. You may terminate this Agreement by providing Acquire Health LLC with ten (10) days written notice of such termination by contacting Acquire Health LLC as provided below.

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.

24. NOTICES

Acquire Health LLC may deliver notice to you under these Terms of Use by means of email, a general notice posted on this Website, or by written communication delivered by first-class U.S. mail to the address that you have provided to Acquire Health LLC. You may give notice to, or submit comments, questions or complaints to, Acquire Health LLC at any time via email or by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:

Acquire Health LLC
Attn: Terms of Use/Plan Administrator
1 East Broward Boulevard Suite 300 West
Fort Lauderdale, FL 33301
Email:  Info@AcquireHealth.com
Telephone: 646-679-4803

25. GENERAL PROVISIONS

Except as provided in a particular “Legal Notice” on this Website, these Terms of Use, along with the Acquire Health LLC Privacy Policy, constitute the entire agreement and understanding between you and Acquire Health LLC with respect to use of the Acquire Health LLC Services, superseding any and all prior or contemporaneous communications with Acquire Health LLC. These Terms of Use are severable, and in the event any provision is determined to be invalid or unenforceable, in any jurisdiction, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Acquire Health LLC Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles of this Agreement are displayed for convenience only and have no legal effect. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

26. MISCELLANEOUS

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.

You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of Use.

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.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

27. TESTIMONIALS

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. 

29. SURVIVAL

The provisions of these Terms of Use entitled “Conduct on Website” (Section 9), “Proprietary Rights in Website Content” (Section 11), “Use of Materials” (Section 12), “Disclaimer of Warranties” (Section 13), “Limitation of Liability” (Section 14), “Binding Arbitration and Class Action Waiver” (Section 15), “Choice of Forum” (Section 16), “Choice of Law” (Section 17), “General Provisions” (Section 25), “Miscellaneous” (Section 26), “Testimonials” (Section 27) and “Messaging Services” (Section 28) will survive the termination of this Agreement.