Privacy Policy

Effective: May 8, 2024

This Web site, www.cerpassrx (“Site”), is owned and operated by Healthcare Highways Rx, LLC d/b/a CerpassRx or one of its affiliates (“CerpassRx,” “we,” “our,” or “us”).  CerpassRx‎ is committed to protecting your privacy. This privacy policy (“Privacy Policy”) applies to this Site, and any other web sites, related products and services, including any associated interactive ‎features, widgets, plug-ins, applications, content, downloads and other services, such as the CerpassRx Program and CerpassRx Card, we may offer to ‎you that posts a link to this Privacy Policy (collectively, the “Services”), regardless of how ‎you access or use them, whether via personal computer, browser, laptop, tablet, mobile phone or ‎other device (each a “Device”).‎ This Privacy Policy covers how CerpassRx collects, uses, shares, and processes personal and other ‎‎information and data of users of our Services. To the extent that we provide you with ‎notice through our Services of different or additional privacy policies or practices (e.g., at ‎the point of collection), those additional privacy policies shall govern such data collection and ‎use‎. 

This Privacy Policy also applies to all aspects of our prescription discount program (the “CerpassRx Program”), including any physical card relating to the CerpassRx Program, and any physical manifestation of our digital card (the “CerpassRx Card”).

This Privacy Policy will apply regardless of how you access or use the Services, whether it be via physical card, computer, tablet, mobile device, smart watch, console, or otherwise. By using the Services, including without limitation, accessing or using our Site or other Services, you consent to this Privacy Policy and our Terms of Use, including our collection, use, and sharing of your information, as described below. If you do not agree to these Terms of Use or our Privacy Policy, please exit our Services. If you have any questions regarding our policies or your use of the Services or any aspect thereof, please contact us by e-mail at privacy@cerpassrx.com or by mail to CerpassRx, ‎‎5904 Stone Creek Drive, Ste 120‎ The Colony, Texas 75056‎, Attn: ‎Privacy Officer‎.

Information We Collect

We collect information from you in several ways, including when you choose to share information with us by entering it through our Services, through the postings that you may make, through healthcare providers, through our marketing and data partners, through your pharmaceutical purchases when using the Services, through pharmacy benefit managers, our affiliates, and by using automated processes. Either directly from you, or from others, we may collect the following identifiers about you through our Services: your contact information, your name, dependent information, CerpassRx memberID, other insurance memberID, date of birth, account type, drug search information, address, email address, phone number, current prescription information, past prescription information, pharmacy card information, general location, communications and messages you may provide to us, reimbursement amounts and associated product information, physician information and other general information about CerpassRx Services you have requested or used.

Information You Provide to Us

We may ask you and you may choose to provide certain personal information to us, such as your first and last name and e-mail address, or other identifiers described above. We may collect this information in various places, including through our register and login pages, through our member portal, discount card, “Contact Us” page, or in other parts of our Services.

Automated Information Collection

In addition to any information that you choose to submit to us via our Services, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you visit or interact with our Services (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your Device whenever you visit or interact with our Site. To the extent we associate Usage Information with your Personal Information we collect directly from you through our Services, we will treat it as Personal Information.

This Usage Information may include: 

• your IP address, UDID or other unique identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to your Device used to access our Services, and our computers identify your Device by its Device Identifier;
• your Device functionality (including browser, operating system, hardware, mobile network information);
• the URL that referred you to our Site;
• the areas within our Site that you visit and your activities there, including remembering you and your preferences;
• your Device location;
• your Device characteristics; and
• certain other Device data, including the time of day, among other information.

Tracking Technologies. We may use various methods and technologies to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed):

• Cookies. A cookie is a data file placed on a Device when it is used to visit our website. HTML5 cookies can be programmed through HTML5 local storage.
• Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our website’s pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to our Services, to monitor how users navigate our Services, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
• Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with our Services, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third-party service provider, is active only while you are connected to our Services and is deactivated or deleted thereafter.
• Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.
• ETag, or Entity Tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, and/or HTML5 cookies.
• Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices in the same user).

Tracking Technologies Usage. We may use Tracking Technologies for a variety of purposes, including:

• Strictly Necessary. We may use cookies or other Tracking Technologies that we consider are strictly necessary to allow you to use and access our website, including cookies required to prevent fraudulent activity and improve security.
• Performance‑Related. We may use cookies or other Tracking Technologies that are useful in order to assess the performance of our Services, including as part of our analytic practices or otherwise to improve the content, products or services offered through our Services.
• Functionality‑Related. We may use cookies or other Tracking Technologies that are required to offer you enhanced functionality when accessing our Services, including identifying you when you sign‑in to our website or keeping track of our specified preferences, including in terms of the presentation of content on our Site.
• Targeting‑Related. We may use Tracking Technologies to deliver content relevant to your interests on our website and third-party sites based on how you interact with our content. This includes using Tracking Technologies to understand the usefulness to you of the content that has been delivered to you.

You may be able to set your browser settings to use our Site without cookie ‎functionality. Please note that if you block cookies, some Site functions and Services may ‎be unavailable, and we will not be able to present personally tailored content and ‎advertisements to you. Your browser may provide you with some options regarding ‎cookies. For more detailed information about how to disable or administer your ‎cookie settings in your web browser, please refer to the applicable page for the ‎browser you are using:‎

‎•‎           Safari: http://help.apple.com/safari/mac/8.0/#/sfri11471     ‎

‎•‎           Google Chrome: https://support.google.com/chrome/answer/95647?hl=en  ‎

‎•‎           Microsoft Edge / Internet Explorer: http://windows.microsoft.com/en-GB/windows-vista/Block-or-allow-cookies      ‎

‎•‎           Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences        ‎

You can withdraw your consent to allow for cookies, change your browser settings, ‎and delete the cookies already stored on your computer at any time. Please note ‎that if you delete, or choose not to accept, cookies, you may not be able to utilize ‎the features of the services on our website to their fullest potential.   ‎

Turning off third-party cookies

You can turn off certain third-party targeting/advertising cookies by visiting the ‎Network Advertising Initiative: https://optout.networkadvertising.org/?c=1 and by ‎visiting Google:‎ https://tools.google.com/dlpage/gaoptout‎.‎

User Accounts

To use certain features of our Services you may need to create a personal username and password. You are responsible for any interaction with our Services that takes place through your personal account, regardless of whether such use ‎is unauthorized or by a third party. Please keep your username and password secure and do not let anyone else use your account information to access our Services.

Analytics Services and Targeted Ads

Our Services use third-party analytics services, including, but not necessarily limited to, Google Analytics. These services may track details about your online activities over time and across different sites. ‎These services help us to improve our Services. You can learn more about Google Analytics and your choices below. While we do not serve you targeted advertisements, if you would like to learn more about targeted ads that may be based on your online activities (and the choices that you may exercise for certain sites and advertisers) you may wish to visit the Network Advertising Initiative or ‎the Digital Advertising Alliance Web sites. To opt out of being tracked by Google Analytics across all Web sites, visit: https://tools.google.com/dlpage/gaoptout.

How We Use the Information That We Collect

We use the information that we collect from you and others to provide you with the services requested, to provide member services to you such as in accordance with your employer or our other applicable partner, to facilitate your obtaining discount pricing on prescriptions, and to provide you information that may be of interest to you, such as services information, newsletters, and special offers. We may also use the information that we collect to customize your experience on our Services, to provide customer support, and to enforce our Terms of Use.

How and When We Share Information with Third Parties

We may share the information that we collect with third parties for a variety of purposes. These third parties include marketing and data partners, pharmacy benefit managers, and service providers that help support our Services and business operations. For example, we may share information with pharmacy benefit managers and healthcare providers in order to advise you of and facilitate your obtaining discount pricing on prescriptions, with our marketing and data partners to tailor our services to your preferences and to share relevant information with you, and with service providers to support our web platforms, Services and other business operations. We may also share information where required by law or to satisfy any applicable law, regulation, subpoena, government request, or other legal process. We may also share information with third parties, including law enforcement, to protect our Services, and to enforce our Terms of Use. We also reserve the right to share the information that we collect with our subsidiaries and affiliates and with any subsequent owner in the event of a merger, consolidation, sale of our assets, or other change in our business.

Co-Branded Areas

We may provide certain Services in association with third parties, such as promotional partners. These “co-branded areas” will identify the third party. If you choose to use these co-branded areas, we may share your information with the identified third party, and that third party may also collect information from you, in addition to the information that we collect, as described above. You should review the privacy policies of those identified third parties to understand how they collect and use information.

Links to Third-Party Sites

Our Services may include links to third-party Web sites or other online services. We are not responsible for these other Web sites and services, and they may collect and use information about you. You should review the privacy policies for such third parties before using their Web sites or services to understand how they collect and use information.

Third-Party Tracking and Do Not Track

Third parties may use tracking technologies in connection with our Services, which may include the collection of information about your online activities over time and across third-party websites. This Privacy Policy does not apply to these third-party technologies because we may not control them and we are not responsible for them. Do Not Track is a technology that enables users to opt out of tracking by Web sites they do not visit. Currently, we do not monitor or take any action with respect to Do Not Track technology.

Updating Your Information

Our Services may allow you to update the information that we collect from you, such as the contact information. You may also request that we update your information by sending an e-mail to us at privacy@cerpassrx.com. Our Services may also allow you to update your e-mail preferences.

How We Protect Your Information

We use commercially reasonable and industry standard security technologies and safeguards to protect the information that we collect and use. We also expect our service providers to protect information in the same manner. No data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can, however, be guaranteed 100% secure. Please note that we cannot guarantee the security of any information you transmit to us.

Transfer of Information to the United States

If you are from a non-U.S. country, please be aware that the personal information you submit, including information provided through our Services, is being sent to a location in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your personal information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By providing such personal information, you are consenting to (and represent that you have authority to consent to), the transfer of such information to the United States for the uses and purposes described in this Privacy Policy.

Children’s Privacy

Our Services are intended for general audiences, and we do not knowingly seek or collect personal information from children under the age of 18. In accordance with the Child Online Privacy Protection Act, in the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any personal information from or about a child, please contact us at privacy@cerpassrx.com.

California Privacy Rights

If you are a resident of California you have additional rights under California law. Please review our California Consumer Privacy Act Privacy Policy here for more information about additional rights under California law.

Residents of California may also, under §1798.83, known as the “Shine The Light” law, request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request clearly in writing to us using the contact information provided below.

Social Security Protection Policy Statement‎

It is our policy to protect the confidentiality of Social Security numbers (SSNs) ‎from ‎misuse ‎and ‎improper disclosure by maintaining and enforcing physical, ‎‎‎electronic, and procedural ‎‎safeguards. ‎We prohibit unlawful disclosure of ‎SSNs, and limit access to SSNs to our ‎personnel ‎who need ‎access to SSNs in ‎order to perform their job functions. We do not ‎disclose SSNs to ‎third parties ‎‎except where required or ‎‎permitted by law.‎

Privacy Policy Changes

We reserve the right to change this Privacy Policy at any time and we will post notice of any such changes on our Site. Your use of Services after the effective date constitutes your acceptance of the amended Terms of Use. We reserve the right to apply the amended terms to the information that we have already collected, subject to any legal constraints.

Contact Us

If you have any questions regarding our Privacy Policy, practices, or your use of our Services, please contact us at privacy@cerpassrx.com or using the information below:

CerpassRx, ‎‎5904 Stone Creek Drive, Ste 120‎ The Colony, Texas 75056‎, Attn: ‎Privacy Officer‎.

 

 

Terms Of Use

CerpassRx

TERMS OF USE 

Effective Date: May 8, 2024

This Web site, www.cerpassrx (“Site”), is owned and operated by Healthcare Highways Rx, LLC d/b/a CerpassRx or one of its affiliates (“CerpassRx,” “we,” “our,” or “us”). These Terms of Use apply to the Site (as well as any mobile application, web site, features, ‎widgets, ‎plug-ins, content, downloads or other services) ‎that posts a link to this page (collectively, the “Services”). By accessing the Services, you (“you” or “your”) acknowledge that you consent to: (i) these Terms of Use (“Terms”), including the Dispute Resolution procedures set forth herein; (ii) our collection, use and sharing of your information as described in our Privacy Policy; and (iii) any other legal notices, conditions, terms or guidelines located within the Services. If you do not agree to these Terms, our Privacy Policy, or any other legal notices, conditions or guidelines located within the Services, please exit our Services. If you have any questions regarding our policies or your use of our Services, please contact us by e-mail at privacy@cerpassrx.com or by mail to CerpassRx, 5904 Stone Creek Drive, Ste 120‎ The Colony, Texas 75056‎, Attn: Privacy Officer ‎

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES. THEY APPLY TO ALL USERS OF THE SITE, REGARDLESS OF WHETHER THEY CREATE AN ACCOUNT ON THE SITE.

Changing Your Information

You are responsible for ensuring that information you provide in connection with any account you create on the Services is accurate and up to date. You may change or edit your information at our Services by logging into your registered account.

Provision of Services

You agree and acknowledge that CerpassRx is entitled to modify, improve or discontinue any of its Services at its discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that CerpassRx is entitled to provide Services to you through subsidiaries, affiliated entities, or third-party service providers.

Ownership of Services Content

Unless otherwise noted, all photographs, pictures, graphics, and all other images, including digital, printed and video images, and portions thereof, and all content, data, information, news, and all other text and materials, including digital, printed and audio materials, along with the layout and design of the Services, including the Site, and all documentation, data, services, features, products and other content at the Services (collectively, “Services Content”) are protected by the copyright laws of the United States and other jurisdictions. All Services Content is owned by, or licensed to, CerpassRx. Services Content may not be reproduced, modified, redistributed or otherwise used in any way without a written license with or permission from the applicable Services Content owner.

Use of Services Content

Subject to and conditioned on your continued compliance with these Terms and all other terms and conditions that CerpassRx may provide to you from time to time, CerpassRx grants you a personal, limited, non-exclusive, non-assignable, non-transferable, non-sublicenseable, revocable license to access and display on your personal computer or mobile device for your own use, but not copy or transfer or broadcast or otherwise use in any way, the Services Content found at this Services for your personal, non-commercial and educational use only. You further agree not to change or delete any proprietary notices from materials downloaded from the Services.

Reservation of Rights

All rights not expressly granted by CerpassRx herein are reserved. Nothing on the Services or in these Terms grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any Services Content or other materials of any third party or may be construed to mean that CerpassRx has the authority to grant any license on behalf of any third party.

CerpassRx Trademarks

CerpassRx trademarks, including the trademark “CerpassRx,” “and all logos, page headers, graphics, images, symbols, trade names and other marks found at the Services are the proprietary property of CerpassRx or its affiliates (collectively the “Marks”). Use of the Marks is strictly prohibited without the prior written consent of CerpassRx.

Third Party Trademarks

The trademarks of third parties may also appear on the Services from time to time; you may not use these trademarks without prior written permission of their respective owners. You acknowledge and agree that nothing on the Services grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the third-party trademarks, nor may anything be construed to mean that CerpassRx has authority to grant any right or license on behalf of any third-party trademark owner.

Restrictions, Limitations and Conditions of Use

Any unauthorized use of our Services or Services Content for any purpose is prohibited. Your rights to the Services are given on the condition that you use the Services in accordance with these Terms. You may not use the Services for any unlawful purpose and you may not:

• access, solicit, collect or use any personally identifying information about any other users of the Services, any employees, officers, directors, agents or other personnel of CerpassRx or anyone else;
• restrict or inhibit others from using the Services;
• transmit to or introduce at the Services any viruses, “trojan horse,” harmful software, or other modifications or changes to the Services or reverse engineer, decompile, disassemble, reverse assemble or modify any Services source or object code or any software or other services or processes accessible through any portion of the Services or Services Content (to the extent such restriction is permitted under applicable law);
• submit, upload, email or otherwise transmit any content or other materials, to or through the Services that: a) is threatening, abusive, defamatory, obscene, vulgar, offensive, or otherwise objectionable, or which may harm minors; (b) infringes or violates the rights of others; or (c) has an advertising, political marketing, promotional or other commercial purpose, unless otherwise expressly permitted by the Services;
• engage in any activities that interfere with another user’s access to the Services or the proper operation of the Services; or
• distribute or copy any Services Content manually or by using any robot, scraper, crawler, or any other automatic device or process; frame or utilize framing techniques to enclose any Services Content; or use content from our Services in a manner that suggests an unauthorized association with any of our or our licensor’s products, services or brands;
• use any Services Content to train large learning models or in connection with any artificial intelligence input or output services.

CerpassRx has no obligation to monitor your interaction with the Services, but reserves the right to review or monitor the Services and any user submissions, if permitted, in its sole discretion.

Creating and Terminating Accounts

Some of the features on the Services may require you to register for an account through an online registration process. When you register for an account, you will select login credentials and you agree that: you will not use a username (or e-mail address) that: is used by someone else, impersonates another person, belongs to another person, violates the intellectual property or other right of any person or entity, or that is offensive. You will provide true, accurate, current and complete registration information about yourself during any registration process and will update it as needed to keep it accurate. You will immediately notify us of any unauthorized use of your account, password or username, or any other breach of security; and you will not sell, transfer, or assign your account or any account rights. You are solely responsible for all activities that occur under your account, password and username whether or not you authorize the activity. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your device(s) so that others may not access any password-protected portion of our Services using your name, username, or password. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations in this section. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated or incomplete, or violates these Terms, or any applicable law, we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account, or suspend or otherwise deny you access to it, or its benefits all in our sole discretion, for any reason, and without advance notice or liability.

Prescription Discount Program

For more information about our Pharmacy Discount Card, click here.

The CerpassRx Pharmacy Discount Card is not insurance.  Through the Pharmacy Discount Card, prescription discounts and coupons can be used instead of, but not in conjunction with, insurance. The Pharmacy Discount Card is not intended as a substitute for health insurance. The range of the discounts will vary depending on the prescription drug and the participating pharmacy. We cannot guarantee any discount we provide is the lowest price available. Only participating pharmacies will honor the CerpassRx Pharmacy Discount Card. You are required to pay for all prescription drugs at the time of purchase. CerpassRx does not make payments to any pharmacy or health care provider. The Pharmacy Discount Card does not meet minimum creditable coverage requirements under state healthcare insurance coverage regulations.

If you do not have health insurance, you may still be able to use our Pharmacy Discount Card to obtain discounts for applicable brand name or generic prescriptions you or a household member pays out-of-pocket, unless other restrictions apply. The Pharmacy Discount Card cannot be used simultaneously with other prescription drug discount cards or for prescriptions paid for through a health benefit or pharmacy benefit plan. If you have health insurance, or any other funded benefit such as Medicaid or Medicare, you may be able to use the Pharmacy Discount Card for certain prescriptions that are not covered by your plan when you would otherwise be purchasing those prescriptions without alternative coverage or discounts. You should confirm whether you are eligible to use the Pharmacy Discount Card if you are covered by health insurance by checking with your health insurance provider.

Please note that payments that you make for medications using the Pharmacy Discount Card do not count toward your insurance, Medicare, or other prescription drug coverage out-of-pocket costs, including deductibles and out-of-pocket maximums.

Prescription discounts, coupons and prices shown on the Services are based on multiple sources, including published price lists, purchases, claims records, and data provided by pharmacies. CerpassRx prescription discounts and prices may change at any time. The prices we show are our best estimate; while we believe our data to be generally accurate, we cannot guarantee that the price we display will exactly match the price you receive at the participating pharmacy. For an exact price, please contact the participating pharmacy.

Not Medical Advice

The Services and any Services Content that provide medical or health information are for informational purposes only. The Services do not provide medical advice and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health professionals or providers with any questions you may have regarding a medical condition or medicine. Never disregard professional medical advice or delay in seeking it because of the Services.

CerpassRx does not recommend or endorse any specific prescription drug or pharmacy that may be mentioned in relation to any services provide through the Services. Reliance on any information provided by CerpassRx or found through our Services is solely at your own risk.

If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.

Links to Other Sites

In using the Services, you may find that CerpassRx provides hyperlinks to one or more third-party Web sites or applications (the “Linked Sites”). These links are provided as a convenience for you and other users, but CerpassRx is not responsible for the content of, or links to and from, the Linked Sites. Your linking to these Linked Sites is at your own risk. We encourage you to read the terms and conditions and privacy policies of the respective Linked Sites, should you choose to visit them since your use of those Linked Sites will be subject to their terms of use and privacy policies. A link from the Services does not imply a relationship with, or endorsement of, the Linked Services(s) or its content, purpose, policies, or business practices by CerpassRx.

Disclaimer, Limitation of Liability, and Indemnification

The materials, Services Content and services offered on the Services are provided “AS IS” and ‎without warranties or conditions of any kind. To the fullest extent permissible pursuant to applicable law, we ‎disclaim all warranties, conditions and other terms, express, implied, statutory or otherwise, including, but not limited to, implied warranties of ‎non-infringement, merchantability and fitness for a particular purpose. We do not warrant that ‎the use of the Services will be uninterrupted or error-free, that defects will be corrected, or that ‎the Services or the server(s) that make it available or any advertised or hyperlinked site are free ‎of viruses or other harmful components or that the Services, server(s), or advertised or ‎Linked Sites will be accessible at all times. We do not warrant or make any representations, conditions or other terms ‎regarding the use of the Services or any information contained therein, including Services Content, ‎with respect to correctness, accuracy, reliability, graphics, links or otherwise. You assume the ‎entire cost of all necessary servicing, repair or correction to any equipment you use to access ‎the Services. To the extent that applicable law may not allow the exclusion of implied warranties or conditions, ‎the above exclusions may not apply to you.‎

In the event that a court finds the above disclaimer of direct damages to be unenforceable, in no event will CerpassRx’s total aggregate liability for all damages, including without limitation all claims, losses, liabilities, costs and expenses (including legal fees and expenses) to you related to the Services or Services Content, or these Terms, exceed the lesser of (a) the direct damages suffered by you, or (b) $100.

Documents, information, graphics and other materials appearing on the Services may include ‎technical inaccuracies, miscalculations, typographical errors, and out-of-date information. Use of ‎such documents, information, graphics or other materials is at your own risk.‎

You waive any and all claims and rights against us and our affiliates, parents, and successors ‎and each of our employees, assignees, officers, agents and directors (the “CerpassRx Parties”) ‎resulting from injury or damage to, or destruction, theft, or loss of, any property person, to ‎the maximum extent permitted by the applicable laws of your jurisdiction of residence. None of the CerpassRx Parties will be liable to you ‎under any cause of action, for any direct, indirect, special, incidental, consequential, statutory, reliance or ‎punitive damages, including loss of profits or business interruption. None of the CerpassRx Parties will be liable to you for your attorneys’ fees or costs under any statutory claim.  You hereby agree to ‎indemnify the CerpassRx Parties from and against any and all claims, liabilities, and expenses ‎‎(including reasonable attorneys’ fees), resulting from your use of the Services or any breach of ‎these Terms by you.‎

The provisions in these Terms are ‎intended to be only as broad and inclusive ‎as is permitted by the laws of your ‎state or country of residence. Certain jurisdictions have ‎heightened consumer ‎protection laws that may make certain portions of these Terms ‎inapplicable ‎to you. The provisions in these Terms are intended to be ‎only as broad ‎and inclusive as is permitted by the laws of your jurisdiction. No ‎provision of ‎these Terms shall limit or waive your rights as a ‎consumer under the law of your state or country of residence. ‎In any event, CerpassRx reserves ‎all rights, defenses and permissible limitations under the law of your ‎state or country of ‎residence.‎

Ability to Accept Terms

You affirm that you are the age of majority in your jurisdiction and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. The Services is not intended for children under the age of eighteen (18). If you are under 18 years of age, then please exit now and do not use this Services.

 

 

Geographic Limitations

CerpassRx controls and operates the Services in the United States. If you use our Services from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Services may describe programs and services that are available only in certain jurisdictions (or only parts of them). We reserve the right to limit the availability of our Services and/or the provision of any Services Content, program, service, or other feature described or available on our Services to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any Services Content, program, service, or other feature that we provide. Further information on your rights regarding personal information collected on the Services are set forth in our Privacy Policy.

Choice of Law and Forum

These Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. Subject to the dispute resolution and arbitration provisions set forth below, you hereby consent and submit to the person jurisdiction of the state courts located in Frisco, Collin County and the federal courts located in Frisco, Collin County. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Any waiver of any provision of these Terms must be in writing signed by an authorized representative of CerpassRx to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future.

If you are a consumer, however, this provision shall not be construed to limit your substantive rights under the consumer protection laws of your state or jurisdiction of residence.

Dispute Resolution; Information Resolution and Formal Resolution by Arbitration / Class Action Waiver

In order to expedite and control the cost of disputes, you and CerpassRx agree that any legal or equitable claim relating to the use of the Services or the use of any programs from the Services (referred to as a “Claim”) will be resolved as follows:

1. Informal Resolution:

You and CerpassRx will first attempt to resolve any Claim informally for a period of thirty (30) days after CerpassRx’s receipt of written notice from you regarding any potential dispute. In the event that any dispute between CerpassRx and you arises out of or relates to: (i) these Terms; (ii) the Services; or (iii) your account through the Services, you and we agree to try to promptly resolve any such dispute informally within such 30-day period. You must send the written notice describing the dispute to privacy@cerpassrx.com

1. Formal Resolution by Arbitration / Class Action Waiver.

READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any dispute, controversy or Claim arising out of or relating to these Terms, Your use of the Services, or the purchase of any products from the Services, or the determination of the scope or applicability of arbitration shall be governed as set forth below.

If you and CerpassRx cannot resolve a Claim informally, any Claim asserted by either party will be resolved only by binding arbitration (“Arbitration”). By agreeing to Arbitration, both you and CerpassRx understand and agree that all processes, such as a court action or administrative proceeding, to settle disputes shall be decided by a single arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and CerpassRx each agree to settle disputes (except certain small claims as set forth below) only by Arbitration.

ARBITRATION MEANS THAT YOU WAVE YOUR RIGHT TO A JURY TRIAL.

The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief and must honor the same limitations stated in these Terms as a court would. The Arbitration will be conducted under the American Arbitration Association Consumer Arbitration Rules‎ (referred to as the “AAA Rules”) and under the rules set forth in these Terms. If there is a conflict between AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. You may, in Arbitration seek any and all remedies otherwise available to you pursuant to the law of the governing jurisdiction. If you decide to initiate Arbitration, CerpassRx agrees to pay the Arbitration initiation fee and any additional required deposit required by AAA to initiate your Arbitration. You and CerpassRx agree to pay equally the costs of the Arbitration proceedings, provided however, that if you are a consumer you shall not be required to pay more than $250.00 of the fees or such higher amount as the AAA Rules may later prescribe. All other fees, such as attorneys’ fees and expenses of travel to the Arbitration, will be paid in accordance with AAA Rules. The arbitration will be held at a location in Frisco, Collin County, Texas if possible, unless you and CerpassRx both agree to another location or telephonic Arbitration. To initiate Arbitration, you or CerpassRx must do the following things:

1. Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can file a Demand for Arbitration at https://www.adr.org/ .

Send one copy of the Demand for Arbitration to the other party.

Special rules in the Arbitration Proceeding.

1. Except for errors of law, the arbitrator’s decision is final and binding on all parties and may be enforced in any court that has jurisdiction.
2. Neither you nor CerpassRx shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities or arbitrate any claim as a representative member of a class or in a private attorney general capacity.

THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER.

Accordingly, you and CerpassRx agree that the AAA Class Action Rules do not apply to our Arbitration. A court may sever any portion of this dispute resolution provision if it finds such provision unenforceable, except for the prohibition on class, representative and private attorney general arbitrations. Notwithstanding the obligation to arbitrate all Claims under these Terms, you may assert an individual Claim in small claims court in lieu of Arbitration.

Limited Time to File Claims

You agree that you will assert any Claim arising out of your use of any Services or the purchase of any product from this Services, if applicable, within one (1) year after the Claim arises, or such claim will be barred.

Severability and Enforceability

If any provision or portion of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision that is as close as is legally permissible to the provision found invalid or unenforceable and shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms.

Termination/Exclusion

We reserve the right, in our sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing and using the Services for any reason or for no reason whatsoever, including improper use of the Services or failure to comply with these Terms, and to take any other action we deem appropriate.

Provisions relating to Service Content, Disclaimers, Limitations of Liability, Indemnification, Waiver, Modifications, Assignment of Rights, Choice of Law, Jurisdiction, Forum, Dispute Resolution, and Limitations on Time to File Claims, shall survive any termination.

User Suggestions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to CerpassRx through the Services or any of our social media platforms are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. CerpassRx shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.

Changes to Terms

We may revise these Terms at any time, with or without notice, by updating this page or notifying you of the changes, and such revisions will be effective upon posting to this page. Please check these Terms periodically for any changes. Your continued use of the Services following the posting of any revisions to these Terms will mean you accept those changes. We reserve the right to alter, suspend or discontinue any aspect of the Services, including your access to it. Unless explicitly stated, any new features will be subject to these Terms.

General

CerpassRx’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms.

We may assign, novate or subcontract any or all of our rights and obligations under these Terms at any time.

If you have any questions or comments on the Services or become aware of misuse of the Services by any person, please contact us at: privacy@cerpassrx.com.

Exclusions and Limitations; Consumer Protection Notice

If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your jurisdiction of residence. If you are a New Jersey consumer, the terms of Sections entitled Disclaimer, Limitation of Liability, Indemnification; Unauthorized Dealers and Resellers; Links to Other Sites; Disclaimer for User-Generated Content‎; Choice of Law and Forum; Limited Time to File Claims; Severability and Enforceability; and Geographic Limitations do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms as applied to you are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, CerpassRx reserves all rights, defenses and permissible limitations under the law of your state of residence. Notwithstanding the foregoing, nothing in this Section shall modify the subsection: “Formal Resolution by Arbitration / Class Action Waiver” of the Section titled “Dispute Resolution; Information Resolution and Formal Resolution by Arbitration / Class Action Waiver.”

Entire Agreement

These Terms constitute the entire and exclusive agreement between you and CerpassRx regarding the Services and their use, and supersedes all other agreements, understandings and communications, if any, whether oral or written.

Contact Us

If you have any questions regarding these Terms or your use of our Services, please contact us at by e-mail at privacy@cerpassrx.com or by using the mailing information below:

‎CerpassRx

5904 Stone Creek Drive, Ste 120

The Colony, Texas 75056

Attn: Privacy Officer