Terms of Use

These Terms of Use were last revised on June 1, 2024.

1. USER'S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS

These Terms of Use (“Terms of Use” or “Agreement”) describe the terms on which you may access and use the services (the “Services”) offered through the website that links to these Terms of Use (the “Website”). The Website is owned and operated by RxCompare LLC (“RxCompare”).

BY USING THE WEBSITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE. YOUR CONTINUED USE OF THE SERVICES 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 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 16).

If your use of the Services is terminated for any reason, then: (a) these Terms of Use 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 of Use will survive such termination.

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 Services because they are binding on you.

RxCompare's collection and use of personal information in connection with the Services is described in RxCompare's Privacy Policy.

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

2. DISCOUNT CARDS ARE NOT INSURANCE

THE DISCOUNT CARDS THAT APPEAR ON THE WEBSITE AND PARTICIPATE IN THIS SERVICE ARE NOT INSURANCE. THE PRESCRIPTION DISCOUNTS AND COUPONS OFFERED VIA RXCOMPARE.COM ARE FREE. THE SERVICE 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 SERVICE ALSO DOES NOT MEET MINIMUM CREDITABLE COVERAGE REQUIREMENTS UNDER STATE INSURANCE REGULATIONS.

The list of participating pharmacies or the discount card operators appearing on the website 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 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

The Discount Card operators that appear on the website reserve the right to change their 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 that Discount Card operator’s cost structure. The prices we show are provided to us by the Discount Card operators. Prices will be displayed on our Website without modification. For an exact price, please contact your desired pharmacy on the day that you plan to fill your prescription.

4. 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.

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 the Website shall also be subject to these Terms of Use.

Additionally, RxCompare 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. RxCompare 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.

5. 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 RxCompare. Use of the Website or the Services does not create a physician/patient or provider/patient relationship with RxCompare. RxCompare 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.

6. 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.

We neither endorse nor assume any liability for the content 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 the 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 the 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 9) for a description of the procedures to be followed in the event that any party believes that content posted on the 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 use, 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.

7. 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.

8. PROPRIETARY RIGHTS IN WEBSITE CONTENT

RxCompare 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 RxCompare or any third party. Certain portions of the Services contain information supplied and updated by third parties, or include links to third-party sites. RxCompare is not responsible for, and makes no warranty as to the accuracy of, any of such information on those sites.

RxCompare 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 RxCompare 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 RxCompare 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 RxCompare’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.

9. USE OF MATERIALS

Subject to our Privacy Policy, any communication or material that you transmit to the 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.

10. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT RXCOMPARE DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY PERSONAL INFORMATION. RXCOMPARE 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.

RXCOMPARE 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.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RXCOMPARE OR THROUGH OR FROM THE 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 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 RxCompare 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.

11. 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.

12. INDEMNITY

You agree to defend, indemnify, and hold harmless RxCompare, 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 of Use; (c) RxCompare's use of your User Content; or (d) your violation of the rights of any third party.

13. BINDING ARBITRATION AND CLASS ACTION WAIVER

You and RxCompare agree to arbitrate all disputes between you and RxCompare or its affiliates, except disputes relating to the enforcement of RxCompare’s or its affiliates’ intellectual property rights, which shall be brought in accordance with Section 17. “Dispute” includes any dispute, action, or other controversy between you and us concerning the Services or these Terms of Use, whether in contract, tort, including negligence, warranty, statute, or regulation, or other legal or equitable basis. You and RxCompare 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 RxCompare 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 RxCompare LLC 1 East Broward Boulevard, Suite 300W, Fort Lauderdale, FL 33301. We will send any notice of dispute to you at the contact information that we have for you. You and RxCompare 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 RxCompare 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 RxCompare 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, RxCompare will pay all filing, AAA, and arbitrator’s fees and expenses. You and RxCompare agree to pay its 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 RxCompare 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 RxCompare 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.

14. 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 Broward County, Fort Lauderdale, Florida and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.

15. CHOICE OF LAW

These Terms of Use are governed by and construed in accordance with the substantive and procedural 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 substantive or procedural laws of a different jurisdiction.

16. TEXT MESSAGES FROM RXCOMPARE

By opting into RxCompare’s messaging program and providing your wireless phone number to RxCompare, you expressly consent to receive text messages, including informational text messages, from RxCompare 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 (855)792-6672. You may also send an opt-out request via email to support@RxCompare.com noting the phone number you wish to opt out. To opt out of receiving 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 (855)792-6672 or emailing support at support@RxCompare.com.

Your wireless carrier's message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Carriers are not liable for delayed or undelivered messages. RxCompare’s collection and use of personal information in connection with the Services is described in RxCompare's Privacy Policy.

17. TELEPHONE CALLS

By providing your residential or wireless phone number to RxCompare, you expressly consent to receive informational or support calls from RxCompare at the number(s) provided. Consent may be revoked at any time by calling our toll-free number (855)792-6672. You may also send an opt-out request via email to support@RxCompare.com noting the phone number you wish to opt out.

18. EMAILS

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 transactions or your use of the Services.

19. 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 RxCompare.

• You reside in the United States or any of its territories or possessions.

20. DISCLOSURE OF CERTAIN FINANCIAL RELATIONSHIPS

RxCompare may, at times, receive compensation from the Discount Card operators appearing on the Website.

21. NOTICES

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

RxCompare LLC
Attn: Terms of Use/Plan Administrator
1 East Broward Boulevard
Suite 300W
Fort Lauderdale, FL 33301

Email: support@RxCompare.com

Telephone: (855)792-6672

22. GENERAL PROVISIONS

Except as provided in a particular “Legal Notice” on the Website, these Terms of Use, along with the Privacy Policy, constitute the entire agreement and understanding between you and RxCompare with respect to use of the Services, superseding any and all prior or contemporaneous communications with RxCompare. 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 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.

23. MISCELLANEOUS

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.

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 RxCompare.

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, epidemic, order of quarantine, 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.

24. 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. RxCompare provides no warranty for, or guarantee of, any of the pricing data or other information provided to you via such communications.

25. SURVIVAL

The provisions of these Terms of Use entitled “Conduct on Website” (Section 6), “Proprietary Rights in Website Content” (Section 8), “Use of Materials” (Section 9), “Disclaimer of Warranties” (Section 10), “Limitation of Liability” (Section 11), “Binding Arbitration and Class Action Waiver” (Section 13), “Choice of Forum” (Section 14), “Choice of Law” (Section 15), “General Provisions” (Section 22), “Miscellaneous” (Section 23), “Messaging Services” (Section 24) and “Survival” (Section 25) will survive the termination of this Agreement.