This Agreement made between NovaRx LLC(“NOVARX”), a Pennsylvania LLC, you and any person (collectively, “Cardholder”) using a NOVARX Prescription Drug Discount Card (“Card”) distributed by or through NOVARX and various distributing organizations, including any pharmacies that participate with NOVARX] (“Distributing Organizations”). Cardholder agrees and acknowledges that:
- The services which NOVARX and Distributing Organizations provide to a Cardholder may allow a Cardholder to purchase prescription medication at a discount through any pharmacies that participate with NOVARX. USE OF A CARD BY A CARDHOLDER WILL CONSTITUTE ACCEPTANCE BY A CARDHOLDER OF ALL OF THE TERMS AND CONDITIONS HEREIN. CARDHOLDER IS RESPONSIBLE FOR THE ENTIRE PAYMENT OF CARDHOLDER’S PRESCRIPTION DRUG AND/OR MEDICAL OR HEALTH CARE BILL AFTER THE DISCOUNT IS APPLIED. USE OF THE CARD IS NOT INSURANCE AND THE CARD IS NOT INTENDED TO BE A SUBSTITUTE FOR INSURANCE.
- Neither this Agreement, nor any of the rights or obligations of Cardholder hereunder, may be assigned, in whole or in part by the Cardholder. Cardholder agrees that Cardholder will use the Card only for Cardholder’s own benefit and/or for Cardholder’s spouse and dependent children residing in Cardholder’s household. Cardholder shall be responsible for any use of a Card and shall notify NOVARX immediately of any unauthorized use of a Card.
- Cardholder acknowledges and agrees that by using the Card or services offered by NOVARX, information related to the prescriptions obtained through the NOVARX prescription drug discount program (“NOVARX Program”) will be collected from pharmacies that participate with NOVARX. Such information includes name identifiers, birth date, gender, zip code information, and prescription information. Cardholder acknowledges and agrees that this information received by pharmacies that participate with NOVARX and subsequently disclosed to NOVARX will be used for the administration of the NOVARX prescription drug discount program and disclosed to third parties in connection with functions NOVARX performs for pharmacies and other Covered Entities for purposes of other programs that NOVARX may enter into with health care providers or health plans. NOVARX does not sell such information to any third parties. NOVARX itself is not a Covered Entity under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). However, some of the information received from health care providers, health plans or health care clearinghouses (collectively, “Covered Entities”) is information that may constitute protected health information (“PHI”) under HIPAA, which is information created or received by a health care provider, health plan, or health care clearinghouse relating to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual that identifies or can be used to identify an individual. In accordance with NOVARX’s Business Associate obligations under HIPAA to Covered Entities, NOVARX will keep confidential and safeguard any PHI it receives or collects, and not disclose PHI except as set forth herein. By requesting certain information to be provided to Cardholder, either through the NOVARX website, e-mails, text messages, or any other mode of communication, Cardholder authorizes NOVARX to provide such information to Cardholder via such modes of communication. Cardholder hereby consents to the receipt, collection and use of the information by NOVARX in the manner described above. Cardholder consents (subject to the text message opt out provisions of paragraph #6 herein) to the receipt of telephone calls, text-messages or other form(s) of electronic communications from NOVARX regarding the Card, services offered by NOVARX under the NOVARX Program and general health information. If at any time you do not wish to receive email communications, please email NOVARX at info@NovaRx.com.
- The Card may be required to be presented with each prescription to a pharmacy that participates with NOVARX to be eligible for the NOVARX discount. The price Cardholder pays the pharmacy is always the lesser of the NOVARX discounted price or pharmacy’s retail price. If the pharmacy’s retail price is less than the NOVARX discounted price, there is no discount. The Card cannot be used with other prescription drug discount cards or for prescriptions paid through a health plan or pharmacy benefit plan. Discounts are available only at pharmacies that participate with NOVARX. All NOVARX pricing and benefits are subject to change without notice. Additional restrictions may apply. Refer to Terms of Use/Membership Agreement for additional Terms.
- The discount information and content posted on this NOVARX website is for informational purposes only and is subject to change at any time without notice. NOVARX uses its best effort to provide timely and accurate data, but NOVARX cannot guarantee the accuracy of such information and recommends checking with the pharmacy and/or manufacturer(s) (or other entity providing financial assistance) directly to confirm the discounts presented on this NOVARX website before making any final purchasing decision. NOVARX cannot guarantee that discounts on this NOVARX website will be below a pharmacy’s usual and customary pricing for drugs. NOVARX makes no representations or warranties of any kind, express or implied, regarding the use or the results of this NOVARX website in terms of its correctness, accuracy, reliability or otherwise. The Card and manufacturer coupons are not insurance and they are not intended as substitutes for insurance. Card discounts are only available with a participating pharmacy.
- SMS TERMS & CONDITIONS: By signing up for a Card, Cardholder may receive autodialed marketing text messages from NOVARX at the telephone # used to opt-in. Cardholder understands that consent to receiving text messages as described herein is not required as a condition to purchase any goods or services. See NOVARX’s full Privacy Policy here: https://NovaRx.com/privacy-policy. Message & data rates may apply. To opt out of receiving marketing text messages from NOVARX as described in this paragraph at any time, email our administrator at info@NovaRx.com informing us to stop sending SMS test messages.
- CARDHOLDER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS NOVARX, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE NOVARX WEBSITE AND ITS CONTENTS (“NOVARX INDEMNITEES”) AND DISTRIBUTING ORGANIZATIONS, FROM AND AGAINST ANY CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, DAMAGES, FINES, PENALTIES, LOSSES OR OTHER COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, INCURRED IN WHOLE OR IN PART BY NOVARX INDEMNITEES OR DISTRIBUTING ORGANIZATIONS, WHETHER ARISING IN TORT, CONTRACT, OR EQUITY, ARISING OUT OF OR RELATING TO: (I) CARDHOLDER’S BREACH OF THIS AGREEMENT; (II) CARDHOLDER’S USE OF THIS NOVARX WEBSITE OR THE CARD IN VIOLATION OF THIS AGREEMENT; OR (III) CARDHOLDER’S VIOLATION OF ANY LAW OR OTHER RIGHTS OF A THIRD PARTY.
- NEITHER NOVARX, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE NOVARX WEBSITE AND ITS CONTENTS, NOR ANY DISTRIBUTING ORGANIZATION SHALL HAVE ANY LIABILITY TO ANY CARDHOLDER AS A SELLER OF ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR ANY DEFECTIVE PRODUCT. NOVARX, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE NOVARX WEBSITE AND ITS CONTENTS, AND DISTRIBUTING ORGANIZATIONS MAKE NO WARRANTY, EXPRESS OR IMPLIED, AS TO DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, PRODUCTIVENESS, OR ANY OTHER MATTER, FOR ANY PRODUCTS PURCHASED BY CARDHOLDER USING A CARD, OR FOR USE OF THIS NOVARX WEBSITE. NEITHER NOVARX, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE NOVARX WEBSITE AND ITS CONTENTS, NOR ANY DISTRIBUTING ORGANIZATION SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY ACTUAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCURRED IN CONNECTION WITH THE USE OF A CARD OR OTHERWISE ARISING OUT OF THE USE OF THIS NOVARX WEBSITE. NEITHER NOVARX, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE NOVARX WEBSITE AND ITS CONTENTS, NOR ANY DISTRIBUTING ORGANIZATION SHALL BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS WITH RESPECT TO PRICING OR OTHER INFORMATION OBTAINED THROUGH THIS NOVARX WEBSITE OR THE NOVARX PROGRAM, INCLUDING INFORMATION IN THE CARDHOLDER MATERIALS AND COMMUNICATIONS, PRICE CHANGES OR OUT-OF-STOCK PRODUCT AVAILABILITY. INFORMATION ON THE NOVARX WEBSITE OR UNDER THE NOVARX PROGRAM, INCLUDING BUT NOT LIMITED TO ALL NOVARX BENEFITS, DISCOUNTS, PRICES, ACCESS TELEPHONE NUMBERS AND PROCEDURES, IS SUBJECT TO CHANGE AT ANYTIME WITHOUT NOTICE.
- Any notices from Cardholder to NOVARX must be in writing and shall be deemed to have been given when actually delivered to NOVARX by U.S Mail. Any notice from NOVARX to Cardholder shall be deemed to have been given when delivered to the address the Cardholder has given to NOVARX.
- The invalidity or unenforceability of any term or provision of this Agreement shall not affect the validity or enforceability of any other term or provision of this Agreement
- All of NOVARX’s trademarks, trade names, service marks, and other logos and brand features displayed via the Services (collectively, the “Marks”) are trademarks and the property of NOVARX. You agree not to display or use NOVARX’s Marks in any manner without NOVARX’s written permission, including but not limited to as part of a domain name or any other identifier. Third-party trademarks on the Services are the property of their respective third-party owners. Presence of a third-party trademark on the Services does not mean that NOVARX has any relationship with that third party or that such third party endorses the Services or NOVARX. All logos and trademarks on this NOVARX website are the exclusive property of their respective owners. The use of logos or trademarks on this NOVARX website that belong to any third parties, and the availability on this NOVARX website of pricing or other information from such third parties, should not be construed as an affiliation, endorsement or sponsorship of this NOVARX website and its pricing compilation by any such third party
- The terms and conditions of this Agreement shall be governed by and enforceable in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict of laws. Cardholder agrees that service of process may be made by certified mail, postage prepaid, to Cardholder. Cardholder agrees that, in the event of any dispute, Cardholder shall be responsible for reasonable attorneys’ fees and court costs incurred by NOVARX.