CoverMyMeds Terms of Use

These Terms of Use ("Terms of Use") are applicable to Patient User ("User", "you", or "your" ) access to and use of the CoverMyMeds patient portal website accessible at the URL https://patient-portal.covermymeds.com/ ("Website") operated by or on behalf of CoverMyMeds LLC, a Delaware limited liability company, our subsidiaries and our affiliates (collectively "CoverMyMeds," "our," "us," or "we").

Your access to and use of the Services, and the information and services available through the Services, are subject to the terms, conditions and notices contained in or referenced in these Terms of Use, regardless of whether you possess an account through the Services linked to your name and/or contact information ("Account"), as well as any other written agreement between us and you. In addition, when using particular services or materials on the Services, you will be subject to any posted rules applicable to those services or materials that may contain terms and conditions in addition to those in these Terms of Use.

By clicking the "I AGREE" button on the Terms of Service screen, you represent and warrant that (i) you have authority to access the Services and any materials made available through the Services, (ii) you are authorized to agree to these Terms of Service, (iii) these Terms of Service shall govern your use and access, as well as all current and future use and access, of the Services. You agree that you have read, understand, and agree to be bound by these Terms of Service and all Permitted Users. If you not agree with any of these Terms of Service, you should not use the Services or Website.

Description of CoverMyMeds' Services

CoverMyMeds offers various Services, including, but not limited to, Services related to the patient journey, prior authorizations ("PA"), PA assistance, patient financial assistance, cash discount cards, and prescription therapeutic alternatives.

We are providing the Services to you as a consumer for your personal or household use, and not as a service to any healthcare or insurance providers. None of the information that you provide to us through the Services, that we receive from or collect about you pursuant to or regarding your use of the Services, or that we make available to you through the Services constitutes "Protected Health Information" under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA").

ScriptHero Discount Card Terms and Conditions

To the extent you are presented with a ScriptHero or a pharmaceutical manufacturer sponsored discount card ("Card") through the Services, you acknowledge that the Card is FOR DISCOUNT PURPOSES ONLY and is NOT a health insurance benefit or policy. The Card is not intended as a substitute for health insurance. By using the Card you agree to the full ScriptHero Terms and Conditions, which are available for your review at https://www.scripthero.com/terms-of-use.

The Card allows you to obtain discounts on certain prescription drugs purchased through ScriptHero-participating pharmacies. Discounts may vary depending on factors such as prescription drug, the participating pharmacy chosen, and geographical location. You must be 18 years or older to use the Card.

There is no fee to obtain or use the Card. However, you are required to pay for the cost of all prescription drugs at the time of purchase. The Card is a voluntary program, and you are free to fill your prescription at any pharmacy, regardless of whether you decide to use the Card.

ScriptHero does not make payments to any pharmacy or health care provider as part of this program. Prices do not include sales or other taxes. To obtain discounts through ScriptHero, you will need to present your Card before you pay for any prescription or other product. ScriptHero does not guarantee the quality of the services or products offered by individual participating pharmacies.

This Card may not be used in conjunction with federal or state funded healthcare benefit plans. If you have commercial insurance prescription drug coverage, you can use your Card for certain prescriptions that are not covered by your insurance or for savings for your family members that are not covered by insurance. Pricing using the Card may not apply towards your deductible or result in lower out-of-pocket costs to you over a long period of time. The pricing associated with the Card is set by the pharmacy and is not guaranteed for any minimum period of time. If you do not have prescription drug insurance coverage, you can use your Card for savings on many brand name or generic prescriptions you or a household member pays for out-of-pocket unless other restrictions apply. ScriptHero is provided to you as a cash discount on your prescription and does not constitute advice on how manage your overall prescription drug costs.

Privacy Obligations of CoverMyMeds

The CoverMyMeds Privacy Policy is part of these Terms of Use and is incorporated into the Terms of Use by this reference. By accepting these Terms of Use, you agree to our collection, use, and disclosure of information as described in the Privacy Policy as modified from time to time. We encourage you to review the Privacy Policy at https://www.covermymeds.health/about/privacy/privacy-notice.

To the extent you are presented with a Card through the Services, by using the Card, you agree to CoverMyMeds' or its affiliate's collection, use, and disclosure of information as described in the Privacy Policy located at https://www.scripthero.com/privacy-policy.

You acknowledge and agree that, to the extent you sign an authorization that complies with 45 CFR 164 ("HIPAA Authorization") in connection with the Services, CoverMyMeds or its affiliate may use and disclose your information pursuant to such HIPAA Authorization.

Pharmaceutical Manufacturer Sponsored Programs

You acknowledge that some or all of the Services provided to you by CoverMyMeds may be provided in connection with pharmaceutical manufacturer sponsored programs. These pharmaceutical manufacturer sponsored programs may have separate or additional terms and conditions which will be presented to you and apply to your use of the associated program, even if it conflicts with the terms in these terms of use.

Our Services may include links to external third-party websites and online services that are not under our control. We are not responsible for the collection, use, and disclosure of your information on those websites and other online services provided by those third parties. We encourage you to review the privacy policies and terms of use of each website and other online service you visit. The inclusion of links to external third-party websites and online services does not imply endorsement of, or association with, such websites and online services by us, or any warranty of any kind, either express or implied.

Ownership and Intellectual Property

CoverMyMeds and its licensors, if any, own all proprietary rights to the Services, including without limitation all text, images, data, information, and other content (collectively, "CoverMyMeds Content"), and all intellectual property rights therein, displayed, available, or appearing through the Services. The software coding and the look and feel of the Service provided by CoverMyMeds are copyrighted by, and the property of, CoverMyMeds LLC, and all rights are reserved by CoverMyMeds. Any reproduction, redistribution, retransmission, or display of the CoverMyMeds Content available through the Services, or any portion of such CoverMyMeds Content, not in accordance with these Terms of Use is expressly prohibited.

CoverMyMeds uses certain documents from other companies, including but not limited to forms provided by health plans, PBMs, other payors, or their business partners. Copyright of these documents is retained by their respective owners, and CoverMyMeds claims no ownership of such material. CoverMyMeds uses such material under fair-use provisions of copyright law or by written consent of the owner.

Your Account

We require that you create an account to access or use all of the Website. By creating an account, you agree to: (a) provide accurate and current information; and (b) maintain and promptly update such information to keep it accurate and current. If you provide any information that is false, inaccurate, or deceptive, as determined in our sole discretion, we may suspend or terminate any account you establish, decline to provide you with services on the Website, and/or refuse any or all current or future use of the Website or any portion thereof.

If you create an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile device. You agree that you are responsible for all activities that occur under your account or password, even if not authorized by you. You must notify us immediately of any breach of security or unauthorized use of your account.

You must be 18 years of age or older to access or use the Services. By using the Services, you represent that you are 18 years of age or older. If you use the Services as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms of Use.

If you are legally authorized under applicable law to manage the care for another person, such as a child or parent, you can access the website as a "Caregiver". Caregivers must have permission from the patient, or permission from someone acting on the patient's behalf.

Authorized and Prohibited Uses

You agree to comply with all laws, rules, and regulations applicable to your use of the Services. In addition, when using the Services, you agree to:

  • Not take any action that interferes with the proper working of the Services, compromises the security of the Services, or otherwise damages the Services or any materials and information available through the Services.
  • Not solicit the performance of any illegal activity or other activity that infringes our rights or the rights of others.
  • Not attempt to gain unauthorized access to any portion or feature of the Services, to any other systems or networks connected to the Services, to any of our servers, or to any of the services offered on or through the Services, including but not limited to by hacking, password "mining," or any other unauthorized means.
  • Not probe, scan, or test the vulnerability of the Services or any network connected to the Services.
  • Not attempt to breach the security or bypass the authentication measures on the Services or any network connected to the Services.
  • Not upload or transmit any viruses, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment to the Services.
  • Not use the Services, or any service or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, other than your own information, or the information of a person in which you are legally authorized under applicable law to manage his or her care (such as a child or parent), or information that we make available to you through the Services.
  • Not use any automated means to collect information or content from or otherwise access the Services, including but not limited to through the use of technical tools known as robots, spiders, or scrapers, without our prior permission.
  • Provide accurate and current information, and not to provide information that attempts to impersonate another individual. Maintain and promptly update such information to keep it accurate and current.

You may not use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of CoverMyMeds or others.

Security and Safety

You understand submitting information to the Website is at your own risk and that we are not responsible for unauthorized access to or use of any personal or other information.

Void Where Prohibited

We administer and operate the Services from our location in the United States. Although the Services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Services are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Services is void where prohibited. If you choose to access the Services from outside the United States, you do so on your own initiative, and you are solely responsible for complying with applicable local laws.

Right to Suspend

CoverMyMeds reserves the right to deny access to any user at any time for any reason. CoverMyMeds may limit, modify, suspend, or terminate use of the Services at any time without liability or prior notice, and may suspend or terminate your use of the Services if you fail to comply with these Terms of Use. THIS SUSPENSION OR TERMINATION MAY DELETE INFORMATION, FILES, AND OTHER PREVIOUSLY AVAILABLE CONTENT, AND COVERMYMEDS SHALL HAVE NO RESPONSIBILITY TO BACKUP OR PRESERVE ANY SUCH MATERIALS OR DATA.

CoverMyMeds Disclaimers

Your use of each of the website is at your sole risk, and you assume all costs associated with your use of the services. The website and all materials, information, software, products, and services included in or available through the website are provided "as is" and "as available" for your use. The website and all materials, information, software, products, and services included in or available through the website are provided without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or noninfringement. We and our affiliates do not warrant that the materials, information, software, products, and services included in or available through the website are accurate, reliable, complete, or correct without interruptions, defects or errors; that the website will be available at any particular time or location; that any defects or errors will be corrected; or that the website is free of viruses or other harmful components. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRESCRIPTION DRUG OR RELATED INFORMATION THAT MAY BE PROVIDED TO YOU BY US OR THROUGH YOUR USE OF THE SERVICES.COVERMYMEDS DOES NOT OFFER MEDICAL ADVICE, DOES NOT DETERMINE MEDICAL NECESSITY, INSURANCE COVERAGE, OR COPAYS AND DOES NOT OTHERWISE ENGAGE IN THE PRACTICE OF MEDICINE.

Indemnification

You agree to defend, indemnify, and hold us, our affiliates, subsidiaries, joint ventures, third-party service providers, and our respective employees, contractors, agents, officers, and directors harmless from any and all liability, claims, and expenses (including reasonable attorneys' fees) that arise out of, or are related to, your violation of these Terms of Use or your use or misuse of the Services. You will not settle any indemnified claim without CoverMyMeds' written consent.

Limitation of Liability

IF USER IS DISSATISFIED WITH THE SERVICES OR ANY OF COVERMYMEDS' TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES, OR PRACTICES, OR OTHERWISE HAVE A DISPUTE WITH COVERMYMEDS, USER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. IN NO EVENT WILL COVERMYMEDS OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, SUBSIDIARIES, AGENTS, SUCCESSORS, OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE SERVICES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, ANY WEBSITES AND ONLINE SERVICES LINKED TO THE SERVICES, OR THE MATERIALS, INFORMATION, OR SERVICES CONTAINED ON THE SERVICES OR ANY OR ALL SUCH WEBSITES AND ONLINE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW; PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. COVERMYMEDS DOES NOT ASSUME ANY RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER OR DEVICE, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO OR USE OF THE SERVICES, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THE SERVICES. IN NO EVENT SHALL COVERMYMEDS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED FIFTY DOLLARS ($50.00).

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASE PARTY. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OF USE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Miscellaneous

  • Electronic Signatures: As part of the CoverMyMeds platform, I may be asked to electronically sign applicable documentation. Clicking "I agree" or a similar prompt shall constitute my electronic signature and legally bind me to the document or provision in question.
  • Modification to Terms of Use: We reserve the right to modify these Terms of Use, in whole or in part, at our own discretion at any time. Modifications shall be effective immediately upon the linking of modified Terms of Use to the Services, or, if you possess an Account, by communicating the modifications to you either when you visit our Website, log in, or by sending you notice using the contact information that you have provided to us. You agree to comply with, and be bound by, any such modifications by continuing to use or access the Services after modified Terms of Use are posted to the Services.
  • Choice of Law and Jurisdiction: You agree that these Terms of Use will be governed by and construed in accordance with the laws of Ohio without regard to the conflicts of laws rules of any jurisdiction, and that any dispute arising out of or relating to these Terms of Use will be subject to the exclusive jurisdiction and venue of the courts located within Ohio. You agree to the personal jurisdiction and venue of these courts. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Because some jurisdictions do not permit the choice of law, jurisdiction, or venue, these requirements may not apply to you.
  • Severability and Integration: Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and CoverMyMeds with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether written or electronic) between you and CoverMyMeds with respect to the Services. If any provision in these Terms of Use is deemed by a court to be invalid, void, or for any reason unenforceable, such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of the applicable rules, laws or court decisions. Any provision deemed invalid, void, or unenforceable shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.
  • Waiver: Any waiver by us of a breach of any provision of these Terms of Use shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms of Use. Any such waiver must be in writing. Failure by us to insist upon strict adherence to any term of these Terms of Use on one or more occasions shall not be considered a waiver or deprive us of the right to insist upon strict adherence to that term or any other term of these Terms of Use in the future.
  • Operation of the Services: We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice, and without any liability to you: (a) modify, suspend, or terminate operation of or your access to the Services, or any portion of the Services, including but not limited to for your violation of these Terms of Use; (b) modify or change the Services, or any portion of the Services; and (c) interrupt the regular operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the Services.

Contact Us

If you have any questions or concerns about the Services or these Terms of Use, please contact us at privacy@covermymeds.com. Alternatively, you may write to us at:

CoverMyMeds LLC 910 John Street Columbus, Ohio 43222

Last updated: July 30, 2020

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