Effective Date: December 26, 2024
Welcome to RxSaveCard (“Company,” “we,” “our,” or “us”). These Terms of Use (“Terms”) govern your use of our websites, portals, and services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
1. Eligibility
To use our Services, you must:
- Be at least 18 years old.
- Be authorized to enroll in or access the program provided by your employer (if applicable).
- Agree to provide accurate and complete information when registering or using the Services.
2. Services Provided
RxSaveCard provides tools and services to help employees and employers manage prescription drug costs through a pharmacy benefit program. The Services may include a debit card for prescription payments, access to pharmacy discounts, and an employer-funded benefit program.
3. Account Responsibilities
a. Account Security
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use or security breach.
b. Accurate Information
You must provide and maintain accurate, current, and complete information. Failure to do so may result in suspension or termination of your account.
c. Representations and warranties.
By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
4. Use of the Services
You warrant that you will:
- Use the Services only for their intended purposes.
- Not use the Services for illegal, harmful, or unauthorized purposes.
- Abide by all applicable laws and regulations.
- Respect the intellectual property, privacy, and other rights of third parties.
- Not interfere with or disrupt the operation of the Services.
We reserve the right to terminate or restrict access to the Services for violations of these Terms.
5. Employer and Employee Roles
a. Employer Responsibilities
Employers are responsible for funding the benefits offered through the program and maintaining accurate employee records.
b. Employee Authorization
By using the Services, employees authorize us to share relevant personal information with their respective employer to facilitate use of the Services and the program’s operation. This includes fulfilment of prescription drug and corresponding payments, program participation, and funds reconciliation.
c. Funds Ownership and Usage
All property credited or deposited using the Services will be treated as “financial assets” under Article 8 of the UCC (i.e., funds provided by the employer remain the property of the employer). Additionally, funds held are subject to recapture by the employer in the event the employee’s service is terminated. Employees must use the card solely for prescription medications covered under the Services offered by RxSaveCard, for the individual covered under the program. Any misuse of the card, including use for non-covered items, may result in consequences such as termination of the benefit, repayment of misspent funds, or other disciplinary action.
6. Fees and Transactions
a. Program Fees
Employers may be charged fees for participation in the program. Employees are not directly charged for participation but may incur prescription costs beyond employer contributions for which the employees are responsible for.
b. Transaction Processing
All transactions through the Services are subject to validation and may be declined if they do not meet program criteria including, without limitation, insufficient funds to pay for such transactions.
7. Intellectual Property
All content, features, and functionality of the Services, including but not limited to logos, designs, and software, are owned by RxSaveCard or its licensors. You may not use, copy, or distribute this content without prior written permission.
8. Privacy
Your use of the Services is subject to our Privacy Policy, which describes how we collect, use, and share your information. By using the Services, you consent to the practices described in the Privacy Policy.
9. Disclaimers and Limitations of Liability and Indemnification
a. Disclaimer of Warranties
The Services are provided “as is” and “as available.” We disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
b. Limitation of Liability
To the fullest extent permitted by law, RxSaveCard is not liable for any indirect, incidental, special, or consequential damages arising from your use of the Services.
c. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (a) use of the Services; (b) your breach of these Terms of Use; (c) any breach of your representations and warranties set forth above; (d) your violation of the rights of a third party, including but not limited to intellectual property rights; or (e) any overt harmful, or illegal act toward any other user of the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
10. Termination
We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Services will immediately cease.
11. Governing Law
These Terms are governed by the laws of the state of Illinois without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Services will be resolved exclusively in the state and federal courts located in Cook County, Illinois.
12. Changes to These Terms
We may update these Terms from time to time. Any changes will be posted on this page with the updated effective date. Your continued use of the Services after changes are posted constitutes your acceptance of the revised Terms.
13. Contact Us
If you have any questions or concerns about these Terms, please contact us at:
RxSaveCard
819 S Vine
Park Ridge, IL 60068
Version: 2412 R1
