This Subscription Agreement (“Agreement”) is effective as of the date you return a signed copy of this Agreement or click “I accept” at the bottom of this Agreement (“Effective Date”). This Agreement is between Prescription Care LLC, a Delaware company (“Prescription Care,” “our,” “us,” or “we”) and you (“I,” “my,” “you,” or “your”). Prescription Care and you are individually a “party,” and collectively, the “parties.”
1. Services. Pharmaceutical companies provide prescription medications at no charge to eligible low income individuals with a valid prescription through patient assistance programs (“PAP” or “PAPs”). Each participating pharmaceutical company makes its own eligibility requirements and determination if an applicant is eligible to participate in its PAP. You may not qualify for a PAP because of your age, income level, insurance coverage, or not having a valid prescription. Under this Agreement, we will assist you to identify a PAP for which you may be eligible and submit your PAP application; and, if you are eligible for a PAP, assist you with filling your prescriptions (collectively, the “Services”). You shall provide us with complete and accurate information. You grant us a limited power of attorney to act on your behalf to attempt to enroll you in a PAP, including by signing PAP applications on your behalf, and you authorize your physicians to release medical information to us relating to the Services. We will notify you in writing when a PAP has approved your application for a medication. If I disclose my email address to you, I do so voluntarily. If I disclose my cell telephone number to you, I do so voluntarily. I recognize that by providing my email address and cell telephone number, and signing this Agreement, I am authorizing Prescription Care to send advertising or telemarketing emails to that email address, and to send advertising or telemarketing voice calls and text messages to that cell phone number, using an automated dialer system, or an artificial or prerecorded voice. I recognize that I am not required (directly or indirectly) to provide my email address or cell phone number or authorize any messages to me as a condition of purchasing the Services. Pharmaceutical companies generally deliver medications to approved applicants or their physicians in approximately four to six weeks. Prescription Care does not manufacture, supply, warehouse, prescribe, purchase, sell, fulfill, handle, dispense, ship, or deliver medication. Prescription Care is not an insurer, HMO, hospital, clinic, physician service, and does not provide medical advice. CONSULT YOUR PHYSICIAN ABOUT THE PRUDENCE OF STOPPING OR DELAYING TAKING YOUR PRESCRIBED MEDICATIONS WHILE WAITING ON PROCESSING YOUR PAP APPLICATION OR RECEIPT OF APPROVED MEDICATIONS.
2. Fees. You agree to pay us a monthly service fee of $49.00 (“Fee” or “Fees”), per medication you are eligible to receive under a PAP. By way of example only, if you are eligible for two medications, we will charge you $98.00 every month. Our first charge to you occurs as soon as we have determined you pre-qualify for at least one medication under a PAP. The Fee is for our Services, but not for medications. There are no other fees for the Services or the medications other than the Fee. We may increase the Fee by providing you with at least 30 days’ prior written notice. We will charge the Fee to your credit card or debit card automatically on a recurring monthly basis about the fifth day of each month for the medications you are eligible to receive under PAPs until you cancel a medication or you or we terminate this Agreement. You agree to provide us with your valid credit card or debit card number, and you authorize us to charge your card for the Fees. This monthly transaction will appear on your account statement as ‘PRESCRIPTION CARE” OR “PRESCRIPTION CARE.” You agree to update us if your card is cancelled or changes. You also agree to pay any processing fees charged by third parties in our attempt to collect the Fees, such as for insufficient funds in your bank account.
3. Term, Termination. This Agreement is valid as of the Effective Date and shall continue for one year (“Initial Term”), and shall automatically renew for one year terms thereafter (each, a “Renewal Term,” which together with Initial Term is the “Term”), unless you or we terminate this Agreement sooner. We will provide you with at least 60 days’ notice prior to each Renewal Term. You understand that you may cancel a medication for which you are eligible under a PAP or terminate this Agreement at any time for any reason and without penalty by delivering a cancellation notice or termination notice by e-mail to [email protected] or by mail to 382 NE 191st Street #82522, Miami, Florida 33179-3899, Attn. Customer Service Department. This Agreement may also be terminated as follows: (a) as required by law; (b) 15 days after a non-breaching party has delivered written notice of a breach of this Agreement to the breaching party and such breach remains uncured with no further obligation of notice by the non-breaching party; (c) immediately by us if you fail to pay the Fees; (d) immediately by us if you have provided us with false, incomplete, misleading, or incorrect information, or if we have reason to believe you are using the Services for illegal purposes. Upon receipt of your notice of a cancellation of a medication, we will cancel the Services related to the cancelled medication, but this Agreement will not terminate. Upon receipt of your notice of termination of this Agreement, we will terminate the Services. Except as expressly described in this Agreement, you will be responsible to pay Fees that became due up to cancellation or termination. We may charge you a late fee at an annual percentage rate of 18% (or the maximum percentage permitted under applicable law), compounded monthly, plus reasonable attorneys’ fees, court costs, and collection agency fees associated with our collection efforts, regardless of whether a lawsuit is actually filed. The following Sections of this Agreement shall survive termination of this Agreement for any reason: 2, 3, 6 – 11.
4. Refunds. We shall refund Fees in accordance with this Section. These refunds are your sole and exclusive remedy regarding Fees. Requests for refunds may take up to 30 days to process. You must send requests for refunds by e-mail to [email protected] or by mail to 382 NE 191st St #82522, Miami, Florida 33179-3899, Attn. Customer Service Department: (a) If you receive a denial letter from a PAP stating you are not eligible to receive a medication, you must deliver a copy of the letter to us within 30 days of its date for a refund of Fees we charged for the denied medication; (b) If we have not yet sent you the enrollment forms for the Services (referred to as the “New Patient Kit”) to you, you must notify us in writing for a refund of Fees we charged you; (c) If you notify us within three days after receiving your New Patient Kit from us that you do not wish to receive Services, we shall refund Fees we charged upon our receipt of your returned Patient Kit; (d) If you notify us within 30 days after receiving your New Patient Kit from us that you do not wish to receive Services, we shall refund you 50% of Fees we charged upon our receipt of your returned New Patient Kit; (e) If you notify us after 30 days of receiving your New Patient Kit from us that you do not wish to receive Services, we shall charge you for Fees that are equal to the remaining months of medicine supply. For example, if you received a three month supply of medicine, and cancelled after one month (and have a two months’ supply remaining), you will be billed for the subsequent two months, but you are not liable for any other Fees thereafter.
6. Representations and Warranties. You represent and warrant that: (a) the information you provide to us under this Agreement is true and accurate at all times; (b) you will not use the Services for an illegal purpose; and, (c) you are at least 18 years of age and have legal capacity to enter into this Agreement for yourself or someone else, such as for a minor child or as an attorney-in-fact.
7. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT: (A) PRESCRIPTION CARE MAKES NO WARRANTIES, AND DISCLAIMS ANY EXPRESS, IMPLIED, COMMON LAW, OR STATUTORY WARRANTIES, IN CONNECTION WITH OR ARISING OUT OF THE SERVICES; (B) PRESCRIPTION CARE WILL NOT BE RESPONSIBLE FOR DAMAGES RESULTING FROM YOUR INELIGIBILITY FOR ANY PAPS, DELAYS IN PROCESSING YOUR APPLICATION OR YOUR RECEIPT OF MEDICATIONS, OR CONDITION OF MEDICATIONS; AND (C) PRESCRIPTION CARE WILL NOT BE RESPONSIBLE FOR ANY ILLNESS, PERSONAL INJURY, OR DEATH RESULTING FROM YOUR TAKING ANY OF THE MEDICATIONS, AND PRESCRIPTION CARE MAKES NO PROMISES THAT TAKING THE MEDICATIONS WILL ACHIEVE ANY PARTICULAR OUTCOME.
8. DISCLAIMER OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PRESCRIPTION CARE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOSS OF BUSINESS, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRESCRIPTION CARE’S MAXIMUM CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE FEES ACTUALLY PAID BY YOU IN THE THEN-APPLICABLE TERM.
10. Indemnification. To the maximum extent permitted under applicable law, you shall defend, indemnify, hold harmless Prescription Care and its employees, officers, directors, shareholders, managers, members, contractors, representatives, vendors, agents, insurers, attorneys, predecessors, successors, heirs, and assigns (collectively, the “Indemnitees”) for, from and against any and all claims, causes of action, damages, fines, judgments, penalties, costs, liabilities, losses or expenses (including attorneys’ fees), arising out of: (a) your breach of this Agreement; (b) product liability claims arising out of the medications you obtain from the PAPs through the Services; (c) claims for illness, personal injury, or death arising out of the medications you obtain from the PAPs through the Services.
11. Arbitration. The Agreement shall be governed by the laws of the State of Utah, without regard to its conflicts of law or choice of law provisions. For any dispute arising out of or in connection with this Agreement, the parties hereto irrevocably consent to binding arbitration in Salt Lake City, Utah, with an arbitrator selected by Prescription Care, under the Commercial Rules of the American Arbitration Association, and the parties hereby waive any objection that arbitration in such venue is inconvenient. You hereby agree to waive any right you may have to a trial by jury. You hereby agree to waive any right you may have to participate in any class, collective, group, or representative action or proceeding arising out of or in connection with this Agreement. The parties shall share the costs of the arbitrator, but each party shall be responsible for its own costs, fees, and expenses, including attorneys’ fees, in an arbitration action. The exclusive venue to enforce a final arbitration determination, shall be the state and federal courts of competent jurisdiction located in Salt Lake City, Utah, and the parties hereby consent to the jurisdiction of said courts and waive any objection that venue in such courts is inconvenient. In any such final arbitration enforcement action, the prevailing party shall be entitled to recover from the non-prevailing party, in addition to any other rights and remedies available at law, in equity, or under this Agreement, the prevailing party’s reasonable costs, fees, and expenses, including, attorneys’ fees and court costs.
12. Complete Agreement. This Agreement constitutes the entire agreement of the parties concerning the subject matter hereof and supersedes any and all understandings and agreements, whether oral or written. No modifications, amendments, or supplements to the Agreement shall be effective for any purpose unless agreed to in writing by each party.
13. Construction. If any arbitrator, court of competent jurisdiction, or governmental agency determines any provision of this Agreement is void, invalid, or unenforceable, the remainder of the Agreement shall continue in full force and effect. The provisions of this Agreement shall not be construed for or against a party on the basis that a party is deemed the drafter of this Agreement.
14. Counterparts. The Agreement shall be valid upon your clicking “I ACCEPT” below or returning an executed copy of this Agreement, even if Prescription Care does not countersign the Agreement.
Last updated on April 10, 2019