We recognize that the privacy of your information is important. This Online Services Privacy Policy ("Privacy Policy" or "Policy") describes our practices in connection with information we collect through the online and mobile websites, platforms, services, and applications that we own or operate and that contain a link to this Privacy Policy (collectively, "Online Services").
As used in this Policy, terms such as “we,” “us,” “our,” and “Company” refer to current and future affiliated entities, subsidiaries, agents, contractors, or vendors of FreeRx. Our Online Services operate on computer servers in the United States; therefore, any Information you provide will be transferred to and processed by a computer server located within the United States.
By using the Online Services, you consent to our collection, use, disclosure, and storage of information as described in this Privacy Policy
Our Policy applies to Online Services that we own or operate and that contain a link to this Privacy Policy. Our Policy does not apply to information collected through other means such as by telephone, via Online Services that do not link to this Privacy Policy, or in person, although that information may be protected by other privacy policies.
Our Policy does not apply to the practices of other companies or other websites or software applications that may be linked from or made available through our Online Services.
The inclusion of a link on our Online Services or the ability to utilize a third-party website or software application through our Online Services does not imply that we endorse, or otherwise monitor the privacy or security practices of that third-party website or software application or the accuracy of its content, and your use of the third-party website or software application is governed by the third-party’s privacy policy.
This Privacy Policy is not intended to and does not create any contractual or other legal rights in or on behalf of any party.
What Information We Collect About You
We may collect two basic types of information (collectively, "Information") through the Online Services: (1) information you provide directly to us, and (2) information that is automatically provided to us or collected through your use of our Online Services.
Such Information may include information that identifies you such as your full name, telephone number, email address, postal address, certain account numbers, your User ID that you create, and other information described in this Privacy Policy.
When you use the Online Services, you may provide certain Information directly to us. For example, you may input a telephone number or email address into a webform or enter information into a chat functionality. We also may make certain information available to you on the Online Services that we collect from other sources. For example, we may pre-populate certain drug information or make certain information viewable on the Online Services that you have provided to us on forms or maintained in other information systems
We also may obtain Information that is automatically collected through the Online Services. The automatically collected Information may include demographic, de-identified, aggregated, or certain information from your device such as technical information about your device, web–browser information, and server log files collected by us or provided by you. See Cookies and Tracking for more information on automatically collected information.
You may limit the Information you provide or make available to us if you want to; however, that may limit your ability to access or use certain functions of the Online Services or to request certain services or information.
We may obtain location data from your device to provide location-related services (e.g., pharmacy location search). You may withdraw consent to use precise, real-time, or network location data at any time by turning off the location-based feature on your mobile device or by not using any location-based features. If you withdraw your consent, functionality associated with precise, real-time, or network location (e.g., locator) will no longer work.
We may use your Information:
We may use Information to contact you through any contact information you provide through our Online Services, including any email address, telephone number, cell phone number, or fax number. We may communicate, electronically or via telephone with you about your membership plan, programs, products, or services that are or may be available to you in connection with your transactions with us including, but not limited to, Online Services updates, general wellness reminders or information, prescription reminders, general health information, newsletters, and surveys.
We may, when permitted, combine your Information with other information, whether online or offline, maintained, or available to us from you or from other sources, such as from our vendors, and we may use and disclose combined data for the purpose described in this Section or for internal business purposes. We may, when permitted, use and disclose de‐identified and aggregated data for any purpose, which may include, without limitation, disclosures to third parties for analytics purposes such as evaluating the Online Services and providing additional benefits, programs, and services.
We will only share your Information with third parties as outlined in this Policy and as otherwise permitted by law or as permitted with your consent.
We may share Information if all or part of the Company is sold, merged, dissolved, acquired, or disbanded to any extent in a similar transaction, or in connection with steps that may need to be taken in anticipation of such events.
We may share Information in response to a court order, subpoena, search warrant, or to comply with law or regulation. We may cooperate with law enforcement authorities in investigating and prosecuting activities that are illegal, violate our rules, or may be harmful to other visitors.
We may also share Information within the Company, including among affiliates, partner companies, or subsidiaries.
We may also share Information with other third‐party companies with which we have a business relationship or hire to perform services on our behalf. For example, we may hire a third‐party company to help us send and manage email, and we might provide that third‐party company with your email address and certain other Information for them to send you an email message on our behalf. Similarly, we may hire third party companies to host or operate some of our Online Services and related computers and software applications.
Our Online Services may permit you to view your profile, if applicable, and access related Information about you and to request changes to, or deletion of, such Information. If this function is available, you may have access to a page on the Online Services through which you may review your profile, if applicable, and related Information about you, and you may have options to modify or delete such Information. Please remember, however, if we have already disclosed some of this Information to third parties, we may not have access to that disclosed Information and may not be able to force the deletion or modification of any Information by the third parties to whom we have made those disclosures.
Our Online Services may permit you to select how you would like to receive certain communications.
We may offer features that enable us to communicate with you through push notifications. Where features are offered, you may be able to manage push notifications in your mobile phone or tablet settings. You may also be able to control preview settings in your email applications.
If you need additional assistance in opting out of a communication, please contact us for assistance. Please be aware that opt‐outs may not apply to certain types of communications, such as transactional messages, account status, Online Service updates, or other communications.
The Company may use various technologies, including cookies, tokens, tags, web logs, web beacons, scripts, and web server logs to gather automatically collected Information and may aggregate this Information from visitors of our Online Services or to enable certain features of our Online Services. This information may include demographic data, technical information about the technology (e.g., phone, computer) you use to connect to the Online Services, web browser information, your IP address, and browsing behavior such as pages visited and how often they are visited (collectively, "Activity Information"). We may also use third party analytics companies to provide these services.
We may also allow third party service providers to use cookies and other technologies to collect Activity Information and to track browsing activity over time and across third party websites such as web browsers used to read our websites, which websites are referring traffic or linking to our websites, and to deliver targeted advertisements to you. We do not control these third‐party technologies, and their use of such technologies is governed by their own privacy policies. For more information about third party advertising networks and similar entities that use these technologies, see youradchoices.com/control, and to optout of such ad networks' and services' advertising practices, go to optout.aboutads.info and optout.networkadvertising.org. Once you click the links, you may choose to opt out of such advertising from all participating advertising companies or only from advertising provided by specific advertising companies. Please note that, to the extent advertising technology is integrated into the Online Services, you may still receive advertisements even if you opt out of tailored advertising. In that case, the ads will just not be tailored. Also, we do not control any of the above opt‐out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.
Activity Information is captured using various technologies and may include cookies. "Cookies" are small text files that may be placed on your computer or mobile device when you visit an Online Service or click on a URL using your web browser. Cookies may include "single session cookies" which generally record information during only a single visit to a website and then are erased, and "persistent" cookies which are generally stored on a computer or mobile device unless or until they are deleted or are set to expire. You may disable cookies and similar items by adjusting your browser preferences at any time; however, this may limit your ability to take advantage of all the features on our Online Services.
Please note that we do not currently respond to web browser "Do Not Track" signals that provide a method to opt out of the collection of Information about online activities over time and across third party websites or online services because, among other reasons, there is no common definition of such signals and no industry accepted standards for how such signals should be interpreted.
We gather Activity Information about you to improve the quality of our online services, such as the best method and time to contact you. Without limiting the other ways in which we may use Information as described herein, we may otherwise use and disclose your Activity Information unless restricted by this Policy or by law. Some examples of the ways we use your Activity Information include:
As described above, we may use tracking technologies that allow us to recognize your device when you return to our Online Services within a period of time, as determined by us, and to support automatic login to your Online Services. To maintain your privacy, you should affirmatively log out of your account prior to your session ending (whether you end your session or we end your session, for example if our Online Services has “timed out” i.e. we have ended your session automatically after a period of inactivity as determined by us in our sole discretion). Unless you affirmatively log out of your account, you may be automatically logged back in the next time you or any user of your devices visit the Online Services.
We maintain administrative, technical, and physical safeguards designed to protect the Information that you provide on our Online Services. These safeguards vary based on the sensitivity of the Information that is being collected, used, and stored. However, no security system is impenetrable, and we cannot guarantee the security of our Online Services, nor can we guarantee the security of the Information you transmit to us over the Internet, including your use of email. We are not liable for the illegal acts of third parties such as criminal hackers.
It is your responsibility to safeguard the devices you use to access our Online Services (such as laptops, tablets, and mobile devices), and to use appropriate security settings on those devices. If those devices are lost, stolen or misplaced, others may be able to access your account and your personal Information using those devices. You should affirmatively log out of your account (i) prior to ending your session, or (ii) if you will be inactive on the Online Services for more than a few minutes; otherwise, the next user of that computer or device, particularly a public one or one not owned by you, may be able to access your account and the Information in your account if your session has not ended.
You agree that we are not responsible for any harm that may result from someone accessing your account or personal Information on any computer or device where you do not, for any reason, take the necessary steps to log out of your account prior to ending a session on such device or computer.
We retain Information for as long as necessary for the purpose for which it is collected, subject to a longer period if the Information is relevant to a legal challenge.
Applicable HIPAA Notice of Privacy Practices may be found in our Partner’s Online Privacy Policy: America’s Pharmacy Source
We will not intentionally collect any personal information (as that term is defined in the Children’s Online Privacy Protection Act) from children under the age of 13 through our Online Services without receiving parental consent. If you think that we have collected such personal information from a child under the age of 13 through our Online Services, please Contact Us immediately.
We reserve the right to edit comments for content, remove off-topic contributions, delete offensive comments or remarks, block offensive contributors, and delete actual or suspected spam content from any Social Media Site. Please be aware that once you post something online, there is the potential for numerous individuals to read your words, even years from now. Therefore, we suggest that you exercise caution when posting on any Social Media Sites and that you do not disclose information like your location, personal medical information, financial information, etc. We are not responsible for the content of any comments or responses posted by others to any Online Service or Social Media Site we manage or monitor. We do not control the placement of any marketing or advertising displayed on our pages by social media or third-party organizations.
Please remember that content posted on any of our social media profiles or platforms is for general informational purposes only and should not be considered medical advice and should not replace a consultation with your health care or financial professional. Always consult an appropriate healthcare professional for your specific needs.
Our Policy applies to Online Services that we own or operate and that contain a link to this Privacy Policy. Our Policy does not apply to information collected through other means such as by telephone, via Online Services that do not link to this Privacy Policy, or in person, although that information may be protected by other privacy policies.
Our Policy does not apply to the practices of other companies or other websites or software applications that may be linked from or made available through our Online Services.
The inclusion of a link on our Online Services or the ability to utilize a third‐party website or software application through our Online Services does not imply that we endorse, or otherwise monitor the privacy or security practices of that third party website or software application or the accuracy of its content, and your use of the third-party website or software application is governed by the third party's privacy policy.
This Privacy Policy is not intended to and does not create any contractual or other legal rights in or on behalf of any party.
We may change this Policy at any time. If we do so, such change will appear on this page. We will also provide notice and choices to you, on this website and in other appropriate locations, based on the scope and extent of changes. You may always visit this Policy to learn of any updates. Your continued access to or use of the Online Services constitutes your consent to these changes to this Policy.
By starting your Membership, you authorize FreeRx to charge your Payment Method a membership fee at the then current rate (the “Membership Fee”), on the first day of each Membership Cycle unless you opt out of reoccurring payment or until your Membership is canceled or terminated. FreeRx reserves the right to change the timing of its billing, provided that FreeRx will adjust the amount it bills in accordance with any such change.
If FreeRx does not receive the Membership Fee from you, FreeRx may terminate your access to the Services.
FreeRx will bill the Membership Fee to you through a third-party provider FreeRx uses to process payments for the Services from your financial service provider. The third-party provider alone collects and manages your payment information, including, without limitation, any credit card numbers; FreeRx does not store or have access to any of your payment information.
Your Membership starts on the date that you sign up for a membership and provide us with your payment method. You will be charged for your Membership starting on the date of your membership. Your monthly Membership will automatically renew and continue unless you opt out of reoccurring payment or until you cancel your Membership or FreeRx terminates it. For example, if you do not opt out of reoccurring payment: if your Individual Membership starts on January 16, your Membership will automatically renew for Individual Membership on February 16, unless you cancel prior to February 16, or FreeRx terminates your Membership. You will be charged to the card number you provided.
You can cancel your monthly Membership at any time with no cancellation charges or fees. If you cancel your Membership, you will maintain access to all FreeRx services through the end of the monthly billing cycle. Cancelled Membership is not subject to a refund. Amounts paid for medications and prescriptions are not refundable.
You may find your Membership Cycle renewal date or cancel or modify your Membership by visiting the Member Dashboard. You can also update your billing details in your Member Dashboard. If you need to update your billing details associated with your account at any time, you may do so from your Member Dashboard.
“90 Day Max Quantity,” states the max quantity/count of the medication that is free with membership, for quantities more than the 90 max, referred as “functions” (90 count, 180 count, 270 count, or however the drug is dispensed) per each added function, it is $10 for the member.
If a member had their provider send FreeRx.com or APS a prescription for 270 counts of “Doxycycline Monohydrate 100mg Capsule,” (max is 90) – the member would have to pay $20. The pharmacists call patients and ask them before filling the order.
These Terms of Use (“Terms”) describe the rules for using FreeRx ( https;//freerx.com, freerx.com ); (also “we,” “us,” “our,” and “Company”). The following terms of use (“Terms of Use”) govern your access to and use of this website (this “Site”), including any content, functionality, and services (“Online Services”) offered on or through this Site, whether as a guest or registered member. By accessing, viewing, or using the material on this Site, you indicate that you have read, understand, accept, and agree to be legally bound and abide by these Terms of Use. If you do not agree to be bound and abide by these Terms of Use, do not use this Site, or download materials from this Site.
By using our Online Services, you agree to these Terms and our Privacy Policies; We may change these Terms at any time, and such changes will be posted on the Online Services, with the date of the last revision listed as the “Effective Date” at the bottom of these Terms. Any modifications will be effective immediately upon such posting. By continuing to use the Online Services, you consent to any changes to our Terms.
FreeRx is available to all residents of the continental US.
All customers must be at least 18 years of age to purchase membership.
FreeRx is a Prescription and Virtual Urgent Care Membership Service. FreeRx is not an internet or online pharmacy. All prescriptions are filled by our licensed partner, America’s Pharmacy Source.
FreeRx is not an internet or online Virtual Urgent Care or Virtual Talk Therapy Provider. All Virtual Urgent Care and Virtual Talk Therapy is provided by our partner, Walmart Health Virtual Care (WHVC).
The information shared by FreeRx should never be construed as the practice of medicine. FREERX DOES NOT PROVIDE MEDICAL INSURANCE, PRESCRIPTION INSURANCE, PATIENT PRESCRIPTIONS, DIAGNOSIS, CARE AND/OR TREATMENT. FreeRx should never be relied upon as a substitute for, or resource in place of a licensed medical practitioner or insurance.
The information and content (collectively, “Content”) on the Online Services is for general educational information only. We are not a health care provider. We do not recommend any health care service, supply, or treatment for you. You should call your healthcare provider if you have questions, at any time, about your health.
You are responsible for protecting your username (e.g., the email address and password that you provide when registering for Online Services) or other activation codes, and if they are compromised, you agree to change your password and immediately Contact Us.
You Will Not:
You Agree That:
We may take any measures we deem appropriate, in our sole discretion and permitted by law, to enforce these Terms
While visiting our Online Services, you may go to a link to other online websites, mobile websites, platforms, services, and applications (“Weblinks”) and leave our Online Services. For your convenience, we provide Weblinks to other online content or sites that may contain information that may be useful or interesting to you. We do not endorse, nor are responsible for, the content, accuracy or accessibility of the content of Weblinks operated by third parties. You are solely responsible for your dealings with such third parties and should review the Terms and privacy policies of such third parties.
ALL CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FREERX DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, FREERX MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, ACCURACY, TIMELINESS, QUALITY, SECURITY, SUITABILITY, OR AVAILABILITY OF THE ONLINE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE ONLINE SERVICES, OR THAT THE ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FREERX DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS, INCLUDING THE MEDICAL GROUP OR PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE ONLINE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
INFORMATION AVAILABLE THROUGH THE ONLINE SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND ONLINE SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED THEREIN, AND TO SWITCH OUR ASSOCIATED THIRD PARTY CONTRACTORS AND VENDORS, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR ONLINE SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR ONLINE SERVICES.
THE USE OF THE ONLINE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE ONLINE SERVICES OR THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Online Services, you may have the opportunities 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 terms, 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. FREERX MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE ONLINE SERVICES, 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, CONTENT, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE ONLINE SERVICES OR THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY FREERX OR ITS AFFILIATES.
Content available through the Online Services often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with FreeRx. FreeRx does not endorse, nor is it responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized FreeRx, Inc. spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms.
You understand and agree that temporary interruptions of the Online Services 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 this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the Online Services 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.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY THE PHARMACIES LISTED ON THE SITE MAY BE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY THE PHARMACY OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH OUR SITE MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. FREERX DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO THE PRODUCTS.
SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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 our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
FREERX SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE ONLINE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF FREERX, EVEN IF FREERX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FREERX SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE ONLINE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE ONLINE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF FREERX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FREERX SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND FREERX'S REASONABLE CONTROL.
THE ONLINE SERVICES MAY BE USED BY YOU TO ACCESS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT FREERX HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS. FURTHER, FREERX SHALL NOT BE LIABLE IN ANY WAY FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF MEMBERSHIP FEES
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR LINKED WEBSITES IS TO STOP USING THE SITE OR THOSE SERVICES OR PRODUCTS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FREERX’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON FREERX’S CHOICE OF LAW PROVISION SET FORTH BELOW. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF FREERX TO YOU WITH RESPECT TO YOUR USE OF THE SERVICES IS YOUR MEMBERSHIP FEE FOR ONE (1) MONTH OF ACCESS TO THE ONLINE SERVICES. YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
You agree to defend, indemnify, and hold harmless any released parties from any claim by third parties, including reasonable attorneys’ fees for counsel of our own choosing, arising out of or related to your breach of the Terms or any copyright infringement, misappropriation, misuse, gross negligence, intentional misconduct, or violation of applicable law relating to your use of the Online Services or Content. You may not transfer or assign any rights or obligations under this Agreement. In any litigation, you will cooperate with us in asserting any available defenses.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of South Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of South Carolina or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of South Carolina.
(a) YOU AND FREERX ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
(d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR FREERX WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.]
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed
America’s Pharmacy Source may provide medication and related products to minors and dependents with the consent and under the supervision of their legal parent(s). The legal parent must have the authority to consent to medical treatment and must provide their consent to service. The service is only available to customers within the legal jurisdiction where the service is offered and authorized to operate.
Orders must be placed by the legal parent of the minor or dependent. All orders are subject to approval by licensed pharmacists and may be rejected if there are any concerns about the safety or appropriateness of the medication for the minor or dependent. Delivery will be made to the address provided by the legal parent and must be received by the legal parent or an authorized representative.
Prescription medications may only be dispensed with a valid prescription from a licensed healthcare provider.
For purposes of these Terms, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services available only to Members utilizing the Services.
By accepting these Terms, you acknowledge and agree that all content is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws, and is the sole property of FreeRx and/or its Affiliates. You are only permitted to use the content as expressly authorized by FreeRx or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content in any form or by any means without prior written permission from FreeRx or the specific content provider, and you are solely responsible for obtaining permission before reusing any content. Any unauthorized use of content may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
Neither FreeRx nor its Affiliates warrant or represent that your use of content will not infringe the rights of third parties.
All custom graphics, icons, logos, and service names are registered trademarks, trademarks, or service marks of FreeRx or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of FreeRx or its Affiliates.
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
From time to time, FreeRx may allow you to submit user feedback and testimonials ("Testimonials") about your experience with FreeRx. Testimonials include all feedback submitted via any channel, including, but not limited to, via the Site and mobile applications, email, survey, and customer service communications. By submitting a Testimonial, you agree that FreeRx may use your Testimonial, including in edited and partial form, together with your name, location, and any other personal information you provide in any and all forms of marketing and promotional material, including, without limitation, website publication, print ads, online ads, television ads, radio ads, and for any and all other uses.
Termination
If any provision of these Terms is held to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, the remaining portions of the Terms will be determined without the unenforceable or invalid provision. All other Terms will remain in full force and effect.
(a) These Terms, and any supplemental terms, policies, rules and guidelines posted on the Online Services, constitute the entire agreement between you and us in connection with the Online Services and supersede all previous written or oral agreements.
(b) No waiver by us will have effect unless such waiver is set forth in writing and signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default.
(c) You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
(d) We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to FreeRx.com , LLC, 725 Lowndes Hill Road, Greenville, SC 29607. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective five business days after they are sent.
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