Terms of Use for Members and Website Users

Acceptance of Terms and Conditions

By using this site, MedicarePharmASSIST.com, (the "Site"), you ("you", the "Website User" and/or the “Member”) agree to the terms and conditions in this Agreement between you and Medicare PharmASSIST, LLC (hereinafter, "Medicare PharmASSIST", “we” or “us”). If you do not agree to the outlined terms and conditions (the "Terms of Use" or "Agreement"), your only recourse is to discontinue use of the Site.

A Website User becomes a Member (“Member”) of the Site once the Website User signs up for a membership account with Medicare PharmASSIST. Members can access all the features of the Site, including learning how to lower their prescription drug costs on the Site.

Medicare PharmASSIST reserves the right to make any changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) without prior notification to you. You should re-read this Agreement containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If Medicare PharmASSIST make changes to this Terms of Use and/or Privacy Policy and you continue to use the Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.

This Agreement sets forth the terms and conditions that apply to both Website Users and Members of the Site. By using this Site (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions hereof.

If you have any questions about these terms, contact Medicare PharmASSIST at info@MedicarePharmassist.com.

General Information

1. Eligibility. Medicare PharmASSIST is a membership-based website. All Medicare PharmASSIST Members are entitled to use the Site, including the ability to learn how to lower their costs for prescription drugs on the Site along with determining other benefit eligibility that Medicare PharmASSIST provides through the Site. Non-Medicare PharmASSIST Members can browse certain content on the Site but will be unable to use most of the features, including the ability to learn how to lower their prescription drug costs on the Site.
   
   
2. Users. Medicare PharmASSIST welcomes Website Users who are 18 years of age and older. Through the Site, Website Users can learn about the services that Medicare PharmASSIST provides and the benefits that they are entitled to if they become a Member of Medicare PharmASSIST. By becoming a Member, Website User will have the ability to input information about their medical insurance and pharmacy insurance, information about their current drug prescriptions, and receive information about how to lower their out-of-pocket prescription drug costs.
   
   
3. Individuals Under 18. Minors may not become Members of the Site. For any minors on Medicare, parents or legal guardians may become Members and input their information into the Site to receive information regarding prescription drug costs. If both the minor and the parent/legal guardian need information for themselves, please contact Medicare PharmASSIST regarding setting up two accounts with one email address.
   
   
4. Modified Terms. Medicare PharmASSIST reserves the right at all times to modify any conditions of these Terms of Use and/or our Privacy Policy, a copy of which is available HERE, as Medicare PharmASSIST deems necessary or desirable without prior notification to you. Such changes may include, among other things, the adding, or changing of certain fees or charges, the deletion of certain rights, the requirement of more personal information to maintain Membership, and the requirement to input more information to receive the services. If Medicare PharmASSIST makes changes to our Terms of Use and Privacy Policy and you continue to use the Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon Medicare PharmASSIST’s posting thereof. Any use of the Site by you after such notice shall be deemed to constitute acceptance by you of such modifications.
   
   
5. Medical Information. You agree and acknowledge that to use the Services, you will be submitting information regarding your health insurance, pharmacy plan, and prescriptions to Medicare PharmASSIST. This information may include confidential medical information and may reveal medical information about you (for example, if you list your prescriptions, based on your prescription information someone may be able to determine that you have diabetes). You agree and acknowledge that while Medicare PharmASSIST uses all commercial means available to keep your information confidential, Medicare PharmASSIST cannot guarantee that your submitted information will be confidential.
   
   
Pharmacy Savings


6. Pharmacy Information. Medicare PharmASSIST’s determines how you can save on your prescriptions based on several factors including what health insurance you have, if you have a pharmacy plan, what medications you take, and how you are currently receiving those medications (i.e. through a retail location, through mail-order, etc.). Medicare PharmASSIST does not currently provide information based on specific pharmacy but rather on your plan information. Medicare PharmASSIST makes certain assumptions when providing the Service to you including, but not limited to, that you are using a preferred pharmacy in your health/prescription plan, that you are using the specific drug that you entered (i.e. if you enter the name brand, you are not purchasing a generic version), and that you are purchasing from a pharmacy and not over the counter).
   
   
7. Prescription Liability. YOU AGREE AND ACKNOWLEDGE THAT THE SERVICES OFFERED BY Medicare PharmASSIST ARE FOR INFORMATIONAL PURPOSES ONLY. Medicare PharmASSIST MAKES NO REPRESENTATIONS REGARDING THE PRESCRIPTIONS YOU ENTER, WHETHER THE PRESCRIPTIONS CAN BE USED TOGETHER, OR ANYTHING OTHER THAN HOW TO POTENTIALLY SAVE MONEY ON YOUR PRESCRIPTIONS USING YOUR MEDICAL AND/OR PHARMACY INSURANCE BENEFITS. YOU ACKNOWLEDGE AND AGREE TO RELEASE AND HOLD HARMLESS Medicare PharmASSIST FOR ANY DAMAGES, INCLUDING PHYSICAL, MENTAL, OR MONETARY DAMAGES SUFFERED BY YOU OR A THIRD PARTY RESULTING FROM THE USE OR THIS SITE, THE SERVICES, OR ANY PRESCRIPTIONS THAT YOU TAKE THAT YOU HAVE REQUESTED INFORMATION REGARDING PRICING FOR ON THE SITE. YOUR ONLY REMEDY FOR ANY DAMAGES INCURRED DUE TO USE OF THIS SITE REFUND OF THE SERVICE FEE.
   
   
8. Cost Information. While Medicare PharmASSIST makes reasonable efforts to ensure that all information regarding your medical and/or pharmacy benefits are accurate. However, Medicare PharmASSIST cannot guarantee the results. Prior to purchasing any prescriptions, it is your responsibility to ensure that your pharmacy’s price for all prescription drugs is the same as stated by Medicare PharmASSIST and to review your plan coverage if the pharmacy has a different price than Medicare PharmASSIST or to ensure any non-pharmacy benefit information.
   
   
9. User Disputes. If your pharmacy, health insurance, and/or prescription plan administrator are solely responsible for their interactions with you. Medicare PharmASSIST does not provide any services in regard to working with these providers if their pricing structure is different than the pricing structure on the Site.
   
   
Purchased Services


10. Purchased Services. To become a Member, you must purchase a membership. Your membership is valid for the calendar year that it is purchased in. Each calendar year, you will need a new membership. In addition, memberships are non-transferable and once information regarding your health insurance plan/prescription plan is entered into the Site, it cannot be changed except in the sole discretion of Medicare PharmASSIST. By becoming a Member, you can use the Service at any time provided, however, that it will only allow you to check prescription benefits with the original health insurance and pharmacy plan selected.
    
    
11. Information Updates. Medicare PharmASSIST recommends checking your prescriptions anytime your ongoing prescriptions change. In addition, Medicare PharmASSIST recommends that even if your prescriptions do not change, you check for benefits on a quarterly basis as your insurance benefits may change.
    
    
12. Time to Use Services. You will have the remainder of the calendar year from the date the Service is purchased to use the Service.
    
    
Membership Information


13. Membership Features. Medicare PharmASSIST shall have the right at any time to change or discontinue any aspect or feature of Medicare PharmASSIST, including, but not limited to: the type of health insurance/prescription plans available, the types of benefits reviewed, the types of forums on the Site, the length of time content is available, the amount of storage space available for Members for old reports, the Services available to Members, and the equipment or software needed for access or use of the Site. Medicare PharmASSIST may discontinue or eliminate features on the Site, change or eliminate any transmission method of Member benefits, and/or change transmission speeds or other signal characteristics on the Site. Further, Medicare PharmASSIST may request additional information at any time by Members to update or enhance Member benefits or to enhance the benefits and/or use of the Site.
    
    
14. Registration Data; Account Security. In consideration of your use of the Site, you agree to (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification or, if you release your account information to a third party, be responsible for all actions on your account done by that third party; (c) maintain and promptly update the Registration Data, and any other information you provide to Medicare PharmASSIST, to keep it accurate, current, and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. Should you believe that the security of your account has been compromised in any manner, it is your responsibility to contact Medicare PharmASSIST immediately.
    
    
15. Membership. While Website Users may browse many areas of the Site, to access the majority of features of the Site, you must have a membership (“Membership”).
    
    
16. Termination by Medicare PharmASSIST. Medicare PharmASSIST may terminate this Agreement at any time. Without limiting the foregoing, Medicare PharmASSIST shall have the right to immediately terminate membership of any Member or accounts of any Website User in the event of any conduct by that person that Medicare PharmASSIST, in its sole discretion, considers to be unacceptable, or in the event of any breach by Website User or Member of this Agreement. Medicare PharmASSIST may terminate your membership, delete any content or information that you have posted on the Site, and/or prohibit you from using or accessing the Site for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you have accessed this Site and are under 18 year of age or violate these Terms of Service. Further, Medicare PharmASSIST may be required to terminate your Membership should the services provided by Medicare PharmASSIST become illegal under the laws of the State that you reside in.
    
    
17. Termination by Member. Member may terminate their Membership by contacting Medicare PharmASSIST. Member shall be able to use any purchased Services during the calendar year from the date of purchase even if a Member terminates the Agreement.
    
    
18. Payment for Services. Members are responsible for paying for any purchased Services even if a Member terminates his or her membership after the Service is purchased. No refunds will be issued for terminated memberships.
    
    
Use of Site


19. Your Use of the Site. You may use the Site only as permitted by these Terms of Use and only in a manner consistent with all applicable federal and state laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from the United States. You agree not to use any deep-linking, robots, spiders, data-mining, or other automatic or manual device, software, program, code, algorithm, or methodology to access, copy, or monitor any portion of the Site or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or Content, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Site. We reserve the right to take measures to prevent any such activity.
    
    
20. User Communications and User Content. By submitting material to this Site (“User Communications”), including, but not limited to, information, suggestions, ideas, concepts, know-how, forum postings, comments on blogs, techniques, questions, comments or other communication, whether such submission is by a public feature of the Site (i.e. forum area, blog comments, etc.) or by private transmission (i.e. email to Medicare PharmASSIST, letter to Medicare PharmASSIST), you warrant that such content is original to you, that you own all applicable legal rights in such content, and that the content does not and will not infringe upon the rights of any other person or entity. Further, by submitting any User Communication, you agree and acknowledge that you have expressly granted Medicare PharmASSIST a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other users to access, view, store, or reproduce the material if posted in a public area of the Site for that user's personal use. You hereby grant Medicare PharmASSIST the right to edit, copy, publish and distribute any material made available on this Site by you, including, but not limited to, information, suggestions, ideas, events, comments, commentary, and other postings. You agree that we may use any User Communication for any purpose in our sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. You agree that Medicare PharmASSIST shall be under no obligation: (a) to maintain any User Communication in confidence; (b) to pay compensation for any User Communication; and/or, (c) to monitor, use, return, review or respond to any User Communication. Medicare PharmASSIST has no liability related to the content of any User Communication, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You warrant, certify, and represent that any individuals depicted in audio or visual files submitted as part of a User Communication, other than yourself, are of the age of majority in their respective states of residence; and you grant the right to Medicare PharmASSIST to copy, edit, change, revise, display, perform, publish, distribute the likenesses of those individuals and that you have the authority to attest to this release on their behalves. If any of the individuals depicted in any User Communication are minors in their respective states of residence, you certify, warrant and represent that you are the parent or legal custodian of each such individual and you grant the use of the media containing his/her depiction in accordance with these Terms of Use.
    
    
21. User-Generated Content Rules. If you become aware of any violation of these Terms of Use or other unacceptable behavior by any user, you should report such activity to Medicare PharmASSIST by emailing Medicare PharmASSIST at info@MedicarePharmassist.com. If you post information on the Site, you are solely responsible for each User Communication that you post on the Site or transmit to other users and agree that you will not hold Medicare PharmASSIST responsible or liable for any User Communication from another user that you access on the Site. Moreover, Medicare PharmASSIST reserves the right to delete any User Communication from the Site for any reason. You understand that when using the Site, you will be exposed to User Communications from a variety of sources and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Communications. You may not resell use of, or access to, the Site to any third party.
    
    
22. Monitoring. Medicare PharmASSIST shall have the right to monitor the content of the Site at all times, including viewing of any personal information in a Member’s account on the Site, to determine compliance with this Agreement and any operating rules established by Medicare PharmASSIST, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, Medicare PharmASSIST shall have the right to remove any material that Medicare PharmASSIST, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
    
    
23. Privacy. Medicare PharmASSIST cares about the privacy of our Website Users. Click here to view Medicare PharmASSIST’s Privacy Policy.
    
    
Uptime and Equipment


24. Security and Uptime. You acknowledge that the Internet is not a secure environment and sometimes there are interruptions in service or events that are beyond the control of Medicare PharmASSIST. While Medicare PharmASSIST makes reasonable precautions against loss or theft of data, Medicare PharmASSIST shall not be responsible for any data lost or stolen while transmitting information on the Internet. While it is Medicare PharmASSIST’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable at any time for any reason including, without limitation, routine maintenance. Therefore, it is your responsibility to keep copies of any data you upload to the Site.
    
    
25. Equipment. You are responsible for obtaining and maintaining all internet connections, computer hardware, printers, and other equipment needed for access to and use of this Site, to use the daily training workouts, including purchasing any software necessary to view or use parts of the Site. You are responsible for all charges related to the obtaining and maintaining of that equipment, including any charges for software or charges to access the Internet. Medicare PharmASSIST shall not be liable for any damages to Website User's equipment resulting from the use of this Site.
    
    
Intellectual Property


26. Copyright. All content on the Site, including, but not limited to, designs, text, graphics, pictures, video, information, music, sound, and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of Medicare PharmASSIST with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Medicare PharmASSIST’s prior written permission. Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject Website User to civil and/or criminal penalties. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. The foregoing provisions of Section 26 apply equally to and are for the benefit of Medicare PharmASSIST, its subsidiaries, affiliates, third party content providers, and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
    
    
27. Trademarks. MedicarePharmASSIST.com, Medicare PharmASSIST, and Medicare PharmASSIST, LLC are trademarks of Medicare PharmASSIST, LLC. All rights in respect of these trademarks are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Medicare PharmASSIST are the property of their respective owners. Trademarks that are located on the Site shall not be deemed to be in the public domain but rather the exclusive property of Medicare PharmASSIST, LLC, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Medicare PharmASSIST, unless otherwise stated.
    
    
28. Copyright, Trademark, and Intellectual Property Complaints. Medicare PharmASSIST respects the intellectual property rights of others. Medicare PharmASSIST prohibits Website Users from uploading, posting, or otherwise transmitting on the Site any materials that violate another party's intellectual property rights. When Medicare PharmASSIST receives proper Notification of Alleged Copyright Infringement as described in our Copyright Policy, Medicare PharmASSIST promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another’s rights as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright that you own or control, please see our Copyright Policy for more information on how to report infringement of your copyright. Medicare PharmASSIST may, at its sole discretion, terminate Website Users and/or Members who are deemed by Medicare PharmASSIST to have committed copyright infringement, whether or not there is any repeat infringement.
    
    
Third Party Sites


29. Third Party Websites and Content. The Site may contain links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Medicare PharmASSIST. Medicare PharmASSIST is not responsible for any Third Party Sites accessed through the Site or any content posted by any Website Users on this Site or any Third Party Sites regarding Medicare PharmASSIST. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that Medicare PharmASSIST’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Site.
    
    
30. Third Party Content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) and not of Medicare PharmASSIST. Neither Medicare PharmASSIST nor any third- party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
    
    
Warranties, Disclaimers


31. Disclaimer of Warranty; Limitation of Liability. WEBSITE USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT WEBSITE USER'S SOLE RISK. IN NO EVENT WILL Medicare PharmASSIST OR ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE OR RESULTING FROM THE USE OF THIS SITE, THE SERVICE, OR A SERVICE THAT IS ADVERTISED ON THIS SITE.
    
    
32. No Liability of Partners. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER Medicare PharmASSIST, NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS, SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE WEBSITE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION INJURIES, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
    
    
33. As-Is Basis. MEMBERSHIP IN Medicare PharmASSIST AND THE USE OF THIS SITE IS MADE AVAILABLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
    
    
34. No Responsibility for User Content. Medicare PharmASSIST IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, AN ADVERTISER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY Medicare PharmASSIST. MOREOVER, Medicare PharmASSIST RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE, AND PROHIBIT ANY AND ALL CONTENT THAT Medicare PharmASSIST DEEMS UNSUITABLE FOR ANY REASON.
    
    
35. Limitation of Liability. Medicare PharmASSIST’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50.00 OR THE AMOUNT PAID FOR YOUR ANNUAL MEMBERSHIP.
    
    
36. State Law Limitations. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
    
    
Miscellanous


37. Waiver. The waiver by Medicare PharmASSIST of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by Medicare PharmASSIST.
    
    
38. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.
    
    
39. Governing Law; Venue and Jurisdiction. By using the Site, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Medicare PharmASSIST or any of Medicare PharmASSIST’s affiliates. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Colorado located in Denver, Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado.
    
    
40. Attorney Fees. If any party shall commence any action or proceeding against another party in order to enforce the provisions hereof, or to recover damages as the result of the alleged breach of any of the provisions hereof, the prevailing party therein shall be entitled to recover all reasonable costs incurred connection therewith, including, but not limited to, reasonable attorney fees.
    
    
41. Indemnity. You agree to indemnify and hold Medicare PharmASSIST, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney fees, arising out of or in connection with any use of the Site, your conduct in connection with the Site, or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.
    
    
42. Successors and Assigns. Rights and obligations created by this contract shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns.