Terms & Conditions
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU USE THE WEBSITE OR ENROLL IN THE PROGRAM ON THE WEBSITE. BY USING THE WEBSITE OR REGISTERING ON THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR WEBSITE.
Please note the arbitration provision set forth below, which requires you to arbitrate any claims you may have against Prasco on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY.
About Our Website
Our Website is not intended for use by persons under the age of 18; however parents and guardians may use the Website for their minor children. We provide users of the Website with authorized generic prescription drug information. This information is for reference only and should not be used to determine treatment for specific medical conditions — only your health care provider can do that. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any drug discussed on this Website.
The Website and its health-related information and resources are not intended to provide, and should not be taken as providing, medical, nursing, or professional health care advice or services. Do not make medical decisions without first consulting your personal physician or other healthcare professional, and never disregard professional medical advice, or delay in seeking it, because of something you have read on this Website.
YOU SHOULD NEVER CHANGE OR STOP ANY COURSE OF TREATMENT PRESCRIBED BY YOUR PHYSICIAN WITHOUT FIRST CONSULTING HIM OR HER.
THE PROGRAM IS NOT INSURANCE. THE PROGRAM PROVIDES CUSTOMERS WITH ACCESS TO PURCHASE MEDICATIONS AVAILABLE AT THE WEBSITE COMPLETELY OUT OF POCKET. THE PROGRAM IS NOT AN INSURANCE PLAN, AND IS NOT INTENDED AS A SUBSTITUTE FOR INSURANCE. THE AUTHORIZEDGENERICS.COM PROGRAM IS FOR CASH PAYING CUSTOMERS ONLY AND CANNOT BE USED WITH (I) ANY FEDERAL OR STATE-FUNDED PROGRAM SUCH AS MEDICARE OR MEDICAID OR (II) ANY OTHER HEALTHCARE COVERAGE OR BENEFIT.
The cash payments that you make for medications available through the Program may not count toward your prescription drug coverage out of pocket costs, but you can confirm that by contacting your prescription drug coverage provider. If you are a Medicare Part D beneficiary, then cash payments made through the Program will not count toward you Medicare Part D cost-sharing obligation (also known as the True Out of Pocket Cost).
We reserve the right to change the prescription drug prices in real time and in our sole discretion. We will always honor the price reflected at the time that a customer purchases a medication.
Grant of Rights
- Access Rights. You are granted the right to access the Website for purposes of (i) reviewing and learning more about our Program; (ii) participating in our Program; and (iii) employing — for your non-commercial, personal use only — the information you learn via our Website and the Content (defined below) you find on our Website (collectively, “Permitted Purposes”). You agree and acknowledge that you are prohibited from using Content for anything other than Permitted Purposes.
- Additional Rights. In addition, you are granted the right (i) to print out or download a reasonable number of pages from our Website, (ii) to circulate copies of these pages, and (iii) to modify the Content on the pages, and distribute this modified Content; provided that (a) you employ such materials for Permitted Purposes only, and (b) that you retain any copyright notices as they appear on the original materials on our Website.
- Restrictions on Non-Permitted Purposes. Apart from your express rights above under “Access Rights” and “Additional Rights” above, you may not use, copy, modify, distribute, or access our Website, or any materials that we have made available on the Website.
Accessing the Website and Account Security
To access some of the resources on the Website, including the purchase of pharmaceutical products, you will be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide to register with this Website or otherwise, is correct, current and complete. If you choose, or are provided with, a user name or password to access certain aspects of the Website, you must treat such information as confidential, and you must not disclose such information to any other person or entity. You are responsible for the activity that happens on or through your account. You agree to notify us immediately of any known unauthorized access to or use of your user name or password.
Ownership; Reservation of Rights
All Content, information, software, artwork, text, video, audio, pictures, logos, and other material on the Website, including all associated intellectual property rights, are the proprietary property of Prasco or our associated licensors (or are included under principles of “Fair Use”), and are protected by copyright and other intellectual property laws. As between you and Prasco, Prasco retains all rights with respect to the Website except those expressly granted to you as described under “Grant of Rights” above.
Our Program Service Providers
Links to Third-Party Sites
The Website may contain links or produce search results that reference links to third party websites (collectively “Linked Sites“). Prasco has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. Prasco does not endorse the content of any Linked Site, nor does Prasco warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. By using the Website to search for or link to another website, you agree and understand that such use is at your own risk.
Code of Conduct
As a condition to your use of the Website, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:
- Use the Website in a manner that could disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website.
- Seek to obtain access to any materials or information through “hacking” or through other means we have not intentionally made available to you through the Website.
- Impersonate or falsely claim (a) to be a third party, or (b) to be authorized to act on behalf of a third party.
- Submit material that is defamatory, intentionally false, unlawfully threatening, unlawfully harassing, or that is otherwise illegal.
- “Scrape,” “harvest,” or otherwise employ automated tools to collect Content from the Website, beyond the permissions granted under Grant of Rights.
- Transmit materials through the Website that you know or should know contain viruses, Trojan horses, worms, time bombs, malware, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- Violate any applicable laws or regulations.
Revocation or Suspension of Use Privileges
We reserve the right at any time to terminate or suspend your access to some or all of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct, or for any other reason we determine.
Prasco does not promise that the Website will be error-free or uninterrupted, or that the Website will provide specific results from your use of any content, search, or link on the Website. The Website, and all services on the Website are delivered on an “AS IS” and “AS AVAILABLE” basis. Prasco does not warrant or represent that files you download from the Website will be free of viruses or other harmful features. PRASCO DISCLAIMS RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, CURRENCY, AVAILABILITY, OR COMPLETENESS OF CONTENT FOUND ON THE WEBSITE, and ADVISES YOU TO MAKE MEDICAL DECISIONS BASED ON CONSULTING YOUR PERSONAL PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. PRASCO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PRASCO OR A REPRESENTATIVE SHALL CREATE A WARRANTY. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK.
FURTHER, PRASCO DOES NOT GUARANTEE THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT IT IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. PRASCO DOES NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. PRASCO DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL PRASCO, ITS PROGRAM PROVIDERS, OR ITS WEBSITE VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WEBSITE, OUR SERVICES, OR THE CONTENT. THE LIABILITY OF PRASCO, ITS PROGRAM PROVIDERS, OR ITS WEBSITE VENDORS SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED AN AMOUNT EQUAL TO THE PAYMENTS MADE BY YOU WITH RESPECT TO THE PROGRAM OVER THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM.
In addition, when using the Website, information will be transmitted over a medium which is beyond the control and jurisdiction of Prasco, its partners, advertisers, and sponsors or any other third party mentioned on the Website. Accordingly, Prasco assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTE THAT THE LIMITATIONS IN THIS SECTION ARE NOT APPLICABLE TO NEW JERSEY RESIDENTS.
You agree to defend, indemnify, and hold Prasco and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms.
Dispute Resolution and Agreement to Arbitrate
By using the Website, you and Prasco agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Website, or the breach, enforcement, interpretation, or validity of these Terms or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond or settle the Dispute. Notice shall be sent to:
• Us, at Prasco, LLC, 6125 Commerce Court, Mason, OH 45040, or
• You, at the address we have on file for you.
Both you and Prasco agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable.
Additional Terms for Certain Services or Sites
We may offer services or features that are subject to additional or different terms and conditions. We will notify you if the feature you are accessing is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such sites or services, if you do not agree with the differing terms and conditions.
Modifications to these Terms
If we modify these Terms, any such modifications will take effect proactively, upon your subsequent access to the Website. Please feel free to print out a copy of these Terms for your records.
These Terms shall not be assignable by you, either in whole or in part. Prasco reserves the right to assign its rights and obligations under these Terms.
The effective date of these Terms is August 23, 2018
COPYRIGHT AND LEGAL NOTICE.
Copyright ©2018 Prasco, LLC. All Rights Reserved.