Terms And Conditions

EFFECTIVE DATE  5/17/2016

These Terms of Use (the “Terms of Use” or the “Agreement”) describe the terms on which you may access and use the pharmacy discount program (the “Program”) and related products and services (the “Acquire Health LLC Services”) offered through the website and 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 CLICKING YOUR ACCEPTANCE OF THESE TERMS OF USE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. 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.

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 SET FORTH HERE, PLEASE DO NOT USE THIS WEBSITE OR THE ACQUIRE HEALTH LLC SERVICES.

ACQUIRE HEALTH LLC IS NOT INSURANCE

ACQUIRE HEALTH LLC IS A PRESCRIPTION DRUG DISCOUNT PROGRAM THAT OFFERS DISCOUNTED PRICING ON 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 clicking your acceptance of these Terms of Use, you hereby acknowledge and agree that Acquire Health LLC will be treated as the primary payor 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” section. 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; Questions” section. 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.

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. Acquire Health LLC will always honor the price reflected at the time that the customer purchases a voucher for purchase of a prescription drug with the limited exception that Acquire Health LLC reserves the right to cancel a transaction and refund you if the underlying cost of the prescription drug changes significantly after you have purchased your voucher.

For new purchases, we pre-authorize payment for the dosage and quantity that you have selected — it’s fully refundable. Your final price is based on the medication you pick up at the pharmacy. If you pick up a different form, dosage, or quantity, you will be charged or credited the difference.

APPOINTMENT OF ACQUIRE HEALTH LLC AS YOUR AGENT

The Acquire Health LLC Services include a variety of healthcare management services designed to reduce the cost of your healthcare and to facilitate your healthcare-related interactions with physicians, pharmacies, insurance providers and pharmacy benefit managers (“PBMs”) (collectively, “Healthcare 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 (I) OBTAINING YOUR MEDICAL INFORMATION, INCLUDING PROTECTED HEALTH INFORMATION (“PHI”) SUBJECT TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (“HIPAA”), FROM YOUR HEALTHCARE PROVIDERS, (II) FINDING LOWER PRICES FOR YOUR HEALTHCARE, (III) FINDING COUPONS AND DISCOUNTS THAT MAY REDUCE THE COST TO YOU OF YOUR HEALTHCARE, (IV) SCHEDULING APPOINTMENTS WITH HEALTHCARE PROVIDERS, (V) CONTACTING HEALTHCARE PROVIDERS, INCLUDING PHYSICIANS OR PHARMACIES, ON YOUR BEHALF TO REQUEST MEDICAL AND INSURANCE COVERAGE INFORMATION NECESSARY TO PROVIDE ACQUIRE HEALTH LLC’S SERVICES, OR (VI) CREATING OTHER SEAMLESS, TAILORED HEALTHCARE EXPERIENCES. Examples of communications that Acquire Health LLC may make on your behalf as your agent include contacting your pharmacy to (i) request 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 may also contact your physician so that the physician may contact you regarding a refill renewal.

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” section.

USE OF PROMOTIONS AND ACQUIRE HEALTH LLC ACCOUNTS

You may only create one Acquire Health LLC account for your personal use; creation of multiple Acquire Health LLC accounts by a single user is a breach of these Terms of Use with the limited exception that you may create an account for a dependent or other person for whom you have the authority to purchase and pickup 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 accounts and use a first-prescription promotion code more than once. A code issued to you to participate in an 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 an 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 an 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 account and to revoke any referral credits if they were earned in violation of these Terms of Use. If you obtain a first-prescription discount in violation of these Terms of Use, Acquire Health LLC reserves the right to charge the credit card that you have provided for the amount of any unauthorized first-prescription discount(s).

YOUR HEALTHCARE CHOICES

As outlined above, Acquire Health LLC acts as your agent in facilitating a variety of healthcare-related interactions with your Healthcare Providers, but only to the extent that those interactions are initiated by you. You remain responsible for your healthcare choices and decisions. The Acquire Health LLC Services are designed to offer you with additional choices and options regarding your healthcare, not limit those choices and options. You may always choose to obtain healthcare products and services through channels other than the Acquire Health LLC Services and from Healthcare Providers that do not have arrangements with Acquire Health LLC.

TERMINATION

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 at info@acquirehealth.com.

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.

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 healthcare 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.

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 or 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 site. 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.

LINKS TO OTHER WEBSITES

The Acquire Health LLC Services may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in those websites, and those websites are not investigated, monitored or checked for accuracy or completeness by Acquire Health LLC. Inclusion of any linked website on or through the Acquire Health LLC Services does not imply approval or endorsement of the linked website by Acquire Health LLC. If you decide to leave this Website or the Acquire Health LLC Services and access any of these third-party websites, you do so at your own risk.

LIMITATION OF LIABILITY

Acquire Health LLC, its affiliates and any of its, or their, directors, officers, members, employees, agents, subsidiaries, affiliates, licensors, suppliers and other partners shall not, under any circumstances, be liable for direct, consequential, incidental, indirect or special damages of any kind, or any other damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, and whether resulting from the use or inability of use of any contents of the Acquire Health LLC Services (or a website linked to the Acquire Health LLC Services), or any other cause, even if such cause involves negligence, or if we have been apprised of the likelihood of such damages occurring.

The above limitation, or exclusion, may not apply to you to the extent that applicable law prohibits the limitation or exclusion of liability for incidental or consequential damages.

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 OTH ERWISE 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.

EXCLUSIVE DISPUTE RESOLUTION PROVISIONS

Any controversy or claim between the parties or arising out of these Terms of Use or any use of the Website or the Acquire Health LLC Services shall be determined by one disinterested arbitrator in binding arbitration pursuant to the Commercial Arbitration Rules and the Supplementary Procedures for Online Arbitration of the American Arbitration Association (the “AAA”). The arbitrator shall be experienced in agreements for information technology services, either as an attorney or as an information technology professional. If the parties fail to appoint an arbitrator within forty-five (45) days of the institution of the arbitration, the AAA shall select the arbitrator promptly thereafter. Any requests for accelerated, emergency or preliminary relief shall be submitted pursuant to the AAA’s Optional Rules for Emergency Measures of Protection. If any such requests are made before an arbitration panel is empanelled, then the AAA shall appoint one disinterested arbitrator as an arbitration panel to immediately hear and decide such request. The arbitration panel shall have the right to grant interim awards. Testimony shall be permitted by telephone, video conference and other forms of real-time telecommunications. If the arbitrator requires in-person hearings, the hearings shall be held in New York, New York. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction.

WAIVER OF JURY TRIAL AND CLASS ACTIONS

BY ENTERING INTO THESE TERMS OF USE, YOU AND ACQUIRE HEALTH LLC ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, AND TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND ACQUIRE HEALTH LLC BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT ON A CONSOLIDATED, CLASS-WIDE OR REPRESENTATIVE BASIS, AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THESE TERMS OF USE IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND ACQUIRE HEALTH LLC BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

INDEMNIFICATION

By accepting these Terms of Use, you agree to indemnify and otherwise hold harmless Acquire Health LLC and its directors, officers, employees, agents, members, subsidiaries, affiliates, licensors, suppliers and other partners from any direct, indirect, incidental, punitive, special, consequential or exemplary damages resulting from your use of the Acquire Health LLC Services. YOU AGREE TO NOTIFY ACQUIRE HEALTH LLC IF YOU STOP USING A PHONE NUMBER THAT YOU HAVE PROVIDED TO US WITH THE UNDERSTANDING THAT YOU WILL BE RECEIVING TEXT MESSAGES FROM ACQUIRE HEALTH LLC. YOU AGREE TO INDEMNIFY ACQUIRE HEALTH LLC FOR TEXT MESSAGING CHARGES AND FEES THAT MAY RESULT FROM YOUR FAILURE TO PROVIDE SUCH NOTIFICATION TO ACQUIRE HEALTH LLC.

JURISDICTION

By accessing the Acquire Health LLC Services, you and Acquire Health LLC agree that all matters relating to your access to, or use of, the Acquire Health LLC Services shall be governed by the statutes and laws of the State of New York, without regard to its conflicts of laws principles. You and Acquire Health LLC also agree, without affecting the exclusivity of dispute resolution by the arbitration provisions above, to and do hereby submit to the exclusive personal jurisdiction and venue of the courts of the State of New York with respect to such matters. Acquire Health LLC makes no representation that materials contained in the Acquire Health LLC Services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Acquire Health LLC Services from other locations do so on their own initiative, and are responsible for compliance with local laws.

NOTICES

Acquire Health LLC may deliver notice to you under these Terms of Use by means of e-mail, a general notice posted on this site, 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 comment, questions or complaints to, Acquire Health LLC at any time via e-mail or by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:

Acquire Health LLC Health LLC “ACQUIRE HEALTH LLC”
Attn: Terms of Use/Plan Administrator
495 Grand Blvd
Suite 206
Miramar Beach, FL 32550
E-mail: info@acquirehealth.com
Telephone: 850-974-1221

SURVIVAL

The provisions of these Terms of Use entitled “Limitation of Liability,” “Disclaimer of Warranties,” “Indemnification,” “Jurisdiction” and “General Provisions” will survive the termination of this Agreement.

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.

 

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