Welcome to ScriptWise Rx! Before you use our pharmacy services, please carefully read and agree to these Terms of Service (these “Terms”). These Terms contain important information about your use of ScriptWise Rx’s pharmacy services, website, mobile application, products, and other technology platforms (collectively, the “Services”). Your use of and access to the Services are also subject to our Privacy Policy and our Health Insurance Portability and Accountability Act of 1996 Notice of Privacy Practices (“HIPAA Notice”), which describe how ScriptWise Rx protects your personal information.

When we say “ScriptWise Rx,” “we,” “us,” or “our,” we mean ScriptWise Rx and its subsidiaries. When we say “you” or “your,” we mean a customer of any of the Services, including a customer who has been added as a dependent to another customer’s account. If you have questions about these Terms, the Privacy Policy, or the HIPAA Notice, please contact us at hello@scriptwiserx.com before using the Services.

PLEASE NOTE THAT THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER REQUIRING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1. Accepting these Terms

By using or accessing the Services, you agree to be legally bound by these Terms. If you do not agree to these Terms, you should not and are not permitted to use or access any of the Services. If you are a new customer, these Terms are effective on the date of your first use of the Services. If you are an existing customer, these Terms are effective on the Effective Date listed above.

2. Modifications to the Terms and the Services

We may change these Terms at any time. We will provide prior notice of any material changes by placing a notice on the Services, sending you an email, or another reasonable method, and we will indicate when the modified Terms will become effective. Your continued use of the Services after the effective date of the changes constitutes your acceptance of the modified Terms.

The Services may evolve over time. We may add new features or types of Services, and these Terms will apply to any such new features or Services. We may also suspend, limit, or remove certain features or types of Services, or remove content from the Services, in our sole discretion and without notice.

3. Your Use of the Services

You agree that you will not:

• Use the Services if you are under 18 years of age (a parent or guardian may use the Services on your behalf if you are under 18), unless permitted by applicable state law;
• Use the Services on behalf of another person without their prior consent (including where you add a dependent to your account);
• Use the Services for any unlawful purpose;
• Submit inaccurate, incomplete, or out-of-date information or commit fraud or falsify information;
• Attempt to obtain the password, account, or other security information of any other customer;
• Copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of any part of the Services;
• Engage in data mining or similar data-gathering or extraction activities, or retrieve data or other content from the Services to create or compile a dataset or service;
• Interrupt or attempt to interrupt the operation of the Services (including by hacking, scraping beyond permitted use, or transmitting any viruses or harmful code);
• Use the Services if you are located outside of the United States;
• Use or interact with the Services in any manner that infringes or violates the intellectual property or privacy rights of ScriptWise Rx or any third party;
• Use or interact with the Services in any manner (including through materials you submit) that is unlawful, harmful, or otherwise objectionable as determined by us; or
• Threaten, harass, discriminate against, or otherwise act inappropriately toward any employees, contractors, or service providers of ScriptWise Rx.

Pharmacist Professional Judgment. Our licensed pharmacists review each order and exercise professional judgment in determining whether to fill an order. In certain circumstances, a pharmacist may decide not to fill a specific order; we will communicate that decision to you.

4. Your Account and Account Information

To maintain the security and integrity of your account, you agree to:

• Provide accurate, current, and complete information about yourself and any family members associated with your account;
• Promptly update account information to keep it accurate, current, and complete;
• Protect the confidentiality of your account credentials, including your password;
• Be responsible for all activities that occur in connection with your account;
• Immediately notify us of any unauthorized use of your password or account or any other breach of security; and
• Not permit others to access the Services using your account.

5. Privacy

Your account information, health information, and other information you provide to us are subject to our Privacy Policy and HIPAA Notice. By using the Services, you acknowledge that you have read the Privacy Policy and HIPAA Notice. You grant us a royalty-free, perpetual, sublicensable, irrevocable, and worldwide license to use information you provide to us in accordance with the Privacy Policy and HIPAA Notice to provide the Services.

6. Your Rights in the Services

Ownership. The Services and all information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively, “Content”) available through the Services are owned by ScriptWise Rx and protected by intellectual property laws.

License. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial purposes and, if applicable, for the personal, non-commercial use of family members who have authorized you to access the Services on their behalf. Except as expressly permitted in these Terms, no portion of the Services or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way without our prior written consent.

Feedback. We welcome feedback about the Services. Any feedback you provide is non-confidential and may be used by us at our discretion without any obligation to you.

7. Your Communications with ScriptWise Rx

Electronic Communications. You consent to receive communications (including emails, SMS/MMS text messages, phone calls, and notices/messages sent through the Services) from or on behalf of us to any email address, phone number, or device associated with your account or otherwise provided to us. This consent applies to marketing and non-marketing communications. You may opt out of marketing texts by replying STOP; you may not opt out of transactional messages necessary to provide the Services.

Text Messaging. We may use SMS/MMS and similar technologies to communicate. Message frequency may vary. Message and data rates may apply based on your carrier plan. Data collected in connection with text messaging may include your mobile number, carrier name, and message content. We may change or discontinue text programs at any time.

Acknowledgement of Privacy Risks. Electronic communications may not be completely secure. Communications (including those that are or purport to be encrypted) could be intercepted or accessed by unauthorized parties. By using the Services, you acknowledge these risks.

Telephone Counseling Waiver. By accepting these Terms, you indicate that, by default, you do not wish to be contacted by telephone for medication counseling. You may contact a licensed pharmacist during business hours at (718) 674-6032 with questions about your medications.

8. Your Payment Obligations; No Refunds; Order Delays

Third-Party Payment Processor. We may use a third-party payment processor to bill you through a payment account linked to your ScriptWise Rx account. The processing of payments is subject to the terms, conditions, and privacy policies of the payment processor in addition to these Terms; the processor (not ScriptWise Rx) stores your payment method information.

Responsibility for Payment. You are responsible for any copays set by your insurance plan, cash purchases for prescriptions and other products, and any other fees associated with the Services. You authorize us (through our processor) to charge your selected payment method for all charges. If charging your selected method fails, we may charge any other valid payment method on file; otherwise, we may suspend Services until the issue is resolved.

No Refunds on Delivered Medication. Due to pharmacy regulations, we cannot accept returns of delivered medication. All medication purchases are final sale and non-refundable.

Order Delays. We strive to deliver your medications when requested; however, exceptions may cause delays. We will notify you of delays so you can reschedule or obtain your medication from another pharmacy.

9. Health-Related Content; Digital Medication Guides; Prescription Renewals; Coupons

Health-Related Content. Any health-related Content provided via the Services is not a substitute for professional medical advice, diagnosis, or treatment. Always review product information (including package inserts) and consult a licensed pharmacist or other healthcare professional for guidance. ScriptWise Rx is not responsible for decisions you make based on Content.

Digital Medication Guides. Where permitted by law, you may receive a digital medication guide with a prescription order. If you prefer a physical copy, please request one.

Provider Contact for Renewals. You authorize us to contact your prescriber to obtain prescription renewals unless you opt out by notifying us.

Coupons. To help reduce your cost, you authorize us to complete coupon attestations/applications on your behalf where you are eligible. You may opt out at any time by notifying us.

10. Disclaimers and Indemnification

Third-Party Websites/Services. The Services may contain links to third-party websites or services not owned or controlled by ScriptWise Rx. You are responsible for reviewing and complying with applicable third-party terms. We are not responsible for your use of or interactions with such third-party sites or services.

AS-IS/AS-AVAILABLE. THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SCRIPTWISE RX DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SCRIPTWISE RX DISCLAIMS ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES.

LIMITATION OF LIABILITY. NEITHER SCRIPTWISE RX NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, LICENSORS, OR CONTENT PROVIDERS WILL BE LIABLE TO YOU (OR ANY THIRD PARTY CLAIMING THROUGH YOU) FOR (I) ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, GOODWILL, DATA, OR USE), ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR CONTENT; OR (II) ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID BY YOU FOR THE SERVICES DURING THE PREVIOUS THREE (3) MONTHS OR (B) $1,000. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification. You agree to defend, indemnify, and hold ScriptWise Rx, its affiliates, and each of their respective officers, directors, employees, contractors, suppliers, agents, and representatives harmless from any third-party demands, losses, liabilities, claims, or expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the Services or Content, or your violation of these Terms. We may assume exclusive defense and control of any matter; you agree to cooperate with us in such defense.

11. Termination

We may suspend or terminate your account and/or access to the Services without notice or liability if, in our sole discretion, we believe you are violating these Terms or for any other lawful reason. You may terminate your use at any time by notifying us. Upon termination, provisions intended to survive (including indemnification, limitations of liability, and dispute resolution) will survive.

12. Resolving Disputes (Arbitration and Class Action Waiver)

Governing Law and Venue. Except as otherwise provided, these Terms are governed by the laws of the State of New York. Any dispute arising from or relating to these Terms shall be resolved through arbitration as described below or, if not subject to arbitration, by the state or federal courts located in New York, New York.

Informal Resolution First. Before filing a claim, you agree to try to resolve the dispute informally by emailing hello@scriptwiserx.com. If we cannot resolve the dispute within 30 days, either party may commence arbitration as described below.

Agreement to Arbitrate. You and ScriptWise Rx agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under “Exceptions” below or where prohibited by law. Arbitration will be conducted by a single neutral arbitrator under the Comprehensive Arbitration Rules & Procedures of JAMS (the “JAMS Rules”) in effect at the time arbitration is initiated (available at www.jamsadr.com). The arbitration will be held in the state in which you reside, or another location mutually agreed.

Arbitration Procedures and Fees. The arbitrator may allow discovery or exchange of non-privileged information relevant to the dispute. The arbitrator’s award will include a written statement of the disposition of each claim and the essential findings and conclusions. If you initiate arbitration, you will pay a filing fee up to $250; we will pay all other arbitration costs, including remaining case management fees and the arbitrator’s professional fees. If we initiate arbitration, we will pay all arbitration costs.

Class Action Waiver and Jury Trial Waiver. YOU AND SCRIPTWISE RX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY AGREEING TO ARBITRATION, YOU AND SCRIPTWISE RX WAIVE THE RIGHT TO A JURY TRIAL. THE FEDERAL ARBITRATION ACT (FAA) GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION AGREEMENT.

Opt-Out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by mailing a dated, signed letter with your name and address stating that you are opting out of the arbitration provision to: ScriptWise Rx, Legal Department, 177-05 Union Turnpike, Fresh Meadows, NY 11366.

Exceptions. Either party may bring qualifying claims in small claims court in New York, New York (or your U.S. county of residence). Either party may also seek injunctive or equitable relief in court without first engaging in arbitration or informal resolution.

13. General Terms

Complete Agreement. These Terms, together with the Privacy Policy, constitute the complete and exclusive statement of the mutual understanding between you and ScriptWise Rx regarding the Services and supersede all prior agreements and communications.

Headings. Section headings are for convenience only and do not affect interpretation.

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

No Waiver; No Modification. A failure by ScriptWise Rx to enforce any provision will not be a waiver of our rights. Any course of conduct between you and ScriptWise Rx does not modify these Terms.

Assignment. You may not assign or transfer these Terms or your rights or obligations under them without our prior written consent. We may assign our rights and obligations at any time without notice.

No Third-Party Beneficiaries. Except as expressly stated, no third party has any rights under these Terms.

Notices. We may provide notices by posting on the Services, emailing you, or by other reasonable means. Notices to ScriptWise Rx must be sent to hello@scriptwiserx.com or mailed to ScriptWise Rx, 177-05 Union Turnpike, Fresh Meadows, NY 11366 (Attention: Legal).

Healthcare Law Compliance. ScriptWise Rx strives to maintain high standards of integrity and compliance with healthcare laws, including efforts to deter fraud, waste, and abuse. If you suspect any such conduct, please contact hello@scriptwiserx.com or call (718) 674-6032.

Copyright Infringement (DMCA). If you believe that material available on the Services infringes your copyright, you (or your agent) may send a notice requesting removal or access blockage to hello@scriptwiserx.com or to the mailing address above (Attention: Copyright Agent). Counter-notices must meet the statutory requirements of the DMCA (see www.copyright.gov). We may terminate accounts of repeat infringers.