TERMS OF USE

Effective Date: February 20, 2018

This website (the "Website") is made available to you by Medical Security Card Company, LLC ("MSC"). Your access to and use of the Website is subject to the following Terms and Conditions. Please read these Terms and Conditions carefully before accessing or using the Website to confirm that you fully understand your rights and responsibilities because your access to this Website is subject to your agreement with all Terms and Conditions of Use as set forth below. If you do not agree to the following Terms and Conditions, do not access or use the Website.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND MSC WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Privacy Policy

Your privacy is important to us. The MSC Privacy Policy is incorporated into these Terms and Conditions by reference. By using this Website you agree to the collection, use and sharing of your information in accordance with our Privacy Policy.

Modifications

MSC reserves the right to modify or amend these Terms and Conditions at any time. All changes are effective immediately upon their posting. Material changes will be posted conspicuously on the Website or otherwise made available to you. By accessing the Website following the posting of changes to the Terms and Conditions, you agree to all such changes.

Website Information

Information displayed on the Website is subject to modification without notice. MSC reserves the right to modify such information without any obligation to notify past, current or prospective Website users. MSC MAKES ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL MATERIAL, INFORMATION AND DATA ON THE WEBSITE ARE ACCURATE AND RELIABLE; HOWEVER, ACCURACY CANNOT BE GUARANTEED.

Program Disclaimers

MSC'S PRESCRIPTION SAVINGS PROGRAMS ARE NOT INSURANCE AND DO NOT PROVIDE INSURANCE COVERAGE. DISCOUNTS ARE EXCLUSIVELY AVAILABLE AT PARTICIPATING PHARMACIES.

Intellectual Property Rights

All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on the Website are proprietary to MSC and its licensors, unless otherwise noted. The distinctive and original layout and presentation of the Website also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to MSC appear throughout the Website. The Website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to MSC or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

Use of the Website

You may download and/or print one (1) copy of the Website's content solely for your internal business purposes, provided you do not delete or modify any copyright, trademark, or other proprietary notices. You may not otherwise use, copy, modify, distribute, mirror, republish or transmit any of the content or materials of the Website without the prior written consent of MSC.

No Liability

In no event shall MSC or any of its officers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of the Website or any linked Website or to any material, information, data, products, or services obtained through the website, or otherwise arising out of your use of the Website, your inability to use the website or any decision made or action taken by you in reliance of any information, advice or materials provided on the Website, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if MSC has been advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue your access to and use of the Website.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.

No Warranty

The website is provided by MSC on an "as is" basis. MSC disclaims all warranties with respect to the Website, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non–infringement.

MSC makes no warranty or representation regarding the results that may be obtained from use of the Website, or use of material, information or data downloaded or otherwise obtained from the Website. MSC does not warrant or guarantee (1) the accuracy, completeness, correctness, timeliness, or usefulness of the website or any material, information or data downloaded or otherwise obtained through use of the website or (2) that use of the Website or any materials on the Website will meet any user's requirement such as being uninterrupted, timely, secure or error–free. MSC shall have no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication. MSC does not warrant or guarantee that files or other materials and information available through the website will be free of infections, viruses, worms, trojan horses or other code that could be harmful to your computer system.

No advice or information, whether oral or written, obtained by you from MSC in any manner from the Website shall create any warranty.

Third-Party Websites

The Website may link to, or be linked to, other websites not maintained by or related to MSC. Such links are provided only as a service to our visitors. MSC is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated therein. MSC has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites. Your linking to any other pages or websites is at your own risk.

Indemnification

You agree to indemnify, defend and hold harmless MSC, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys' fees) arising from or related to your use of the Website, your use of any material, information or data downloaded or otherwise obtained from the Website, or your violation of these Terms and Conditions, including without limitation, your infringement of any intellectual property or other right of MSC or any other person or entity.

Governing Law

These Terms and Conditions are governed by the laws of the United States and the State of Arizona, without regard to any conflict of laws provisions.

Dispute Resolution

Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH MSC AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Applicability of Arbitration Agreement
All claims and disputes between the parties that cannot be resolved informally must be resolved by binding arbitration on an individual basis under the terms set forth below (the "Arbitration Agreement"). Notwithstanding the foregoing, in the event of any actual, alleged or threatened violation of confidentiality or violation of the other party's intellectual property or other proprietary rights, the non-breaching party may immediately resort to court proceedings in a court of competent jurisdiction as set forth below in order to seek immediate equitable relief without posting of a bond, proof of damages or other similar requirement.

This Arbitration Agreement applies to you and MSC, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Service provided under the Terms.

The arbitration proceeding will be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures before an arbitrator selected by and pursuant to the rules of JAMS. Any final award may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration. Any such arbitration will take place at a location within the United States federal judicial district identified below and will apply the substantive law set forth below. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION.

The decision of the arbitrator will be a final and binding resolution of the dispute. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1–16. Judgment upon the award may be entered in any court having jurisdiction.
Survival
This provision will survive the termination of your relationship with MSC.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with MSC must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.
Forum and Venue
A lawsuit, if any, by you or MSC against the other will occur in state or federal court in Pima County, AZ. You and MSC agree that the jurisdiction and venue of these courts is exclusive.

Interpretation

In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys' fees and costs. If any provision of these Terms and Conditions is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of these Terms and Conditions shall be interpreted and read to give them maximum enforceability.

Entire Agreement

By your access or use of the Website, you hereby agree to these Terms and Conditions. These Terms and Conditions, together with the MSC Privacy Policy constitute the entire agreement between you and MSC with respect to your access and use of the Website and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If you sign up for any MSC-sponsored or provided program, your participation in that program will be governed by additional terms and conditions. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by MSC. These Terms and Conditions will inure to the benefit of MSC's successors and assigns.

Contacting Us

If you have any other questions or concerns regarding these Terms and Conditions, please contact us as follows:

Via Mail at:

Medical Security Card Company, LLC
350 S. Williams Boulevard
Tucson, AZ 85711
Attention: Compliance Department

Via E-Mail at: [email protected]

Via Phone at: 1-800-700-3957

A Customer Care Representative will take note of your question or concern and forward it promptly to the appropriate party.