Terms and Conditions
Welcome to Medical Security Card Company's ("MSC") website associated with our various program offerings and
services, such as ScriptSave®, WellRx, ("Website").
MSC maintains the Website for your personal information, education and communication. Your access to and use of
the Website is subject to the following Terms and Conditions. Please read these Terms and Conditions carefully
before accessing or using the Website, so that you fully understand your rights and responsibilities.
Your access to this website is subject to your agreement with all Terms and Conditions of Use as forth
below (including our Privacy Policy ). These Terms and Conditions together with our Privacy Policy
constitute the agreement between you and MSC regarding use of this Website ("Agreement"). Should you
choose to register to access the non-public portion of this Website and take advantage of all the
information and services that may be available to you, your use of this Website is also subject to
the Terms of Use that you agree to during the registration or enrollment
process, which is also part of your agreement. Please print a copy of these Terms and Conditions
for your reference.
If you do not agree to the following Terms and Conditions, do not access or use the Website.
MSC reserves the right to modify or amend these Terms and Conditions at any time. All changes shall be
effective immediately upon their posting. Material changes will be posted conspicuously on the Website.
By accessing the Website following posting of changes to the Terms and Conditions, you agree to all such changes.
Website Information
Information displayed on the Website is subject to modification without notice. MSC reserves
the right to modify such information without any obligation to notify past, current or prospective Website users.
Intellectual Property Rights
Copyright 2009 Medical Security Card Company. All rights reserved.
All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection,
and arrangement of content in any medium on the Website are copyrighted by MSC, unless otherwise noted.
The distinctive and original layout and presentation of the Website also constitutes protectable trade
dress under applicable federal law. In addition, many proprietary names and marks belonging to MSC appear
throughout the Website. The Website may also contain references to third-party marks, and copies of third-party
copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade
dress, marks, or any other intellectual property belonging to MSC or any third party is strictly prohibited,
and will be prosecuted to the fullest extent of the law.
Use of the Website
You may download and/or print one (1) copy of the Website's content solely for your personal and
noncommercial use, provided you do not delete or modify any copyright, trademark, or other proprietary notices.
You may not otherwise use, copy, modify, distribute, mirror, republish or transmit any of the content or
materials of the Website without the prior written consent of MSC.
Program Disclaimers
MSC'S PRESCRIPTION DRUG DISCOUNT PROGRAMS ARE NOT INSURANCE AND DO NOT PROVIDE INSURANCE COVERAGE. DISCOUNTS
ARE EXCLUSIVELY AVAILABLE AT PARTICIPATING PHARMACIES.
THE CONTENT ON THIS WEBSITE IS TO BE USED FOR INFORMATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE THAT THE
CONTENT IS IN NO CASE TO BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE NOR IS IT INTENDED TO BE
RELIED UPON BY ANY PERSON OR ENTITY FOR PURPOSES OF MEDICAL DIAGNOSIS OR TREATMENT. MSC OR ITS VENDORS SHALL
USE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THE ACCURACY OF THE CONTENT, BUT NEITHER MSC NOR ITS VENDORS
GUARANTEES THE SEQUENCE, ACCURACY, OR COMPLETENESS OF THE CONTENT AND SHALL NOT BE LIABLE IN ANY WAY TO
YOU, OR ANYONE ELSE TO WHOM THE CONTENT MAY BE FURNISHED, FOR ANY DELAYS, INACCURACIES, UNAVAILABILITY,
ERRORS OR OMISSIONS IN THE CONTENT. SUCH CONTENT IS RELIED UPON AT YOUR OWN RISK AND SOLE DISCRETION.
No Liability
IN NO EVENT SHALL MSC OR ANY OF ITS OFFICERS, REPRESENTATIVES, DIRECTORS, EMPLOYEES, CONSULTANTS OR AGENTS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR
BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THE WEBSITE OR ANY
LINKED WEBSITE OR TO ANY MATERIAL, INFORMATION, DATA, PRODUCTS, OR SERVICES OBTAINED THROUGH THE WEBSITE, OR
OTHERWISE ARISING OUT OF YOUR USE OF THE WEBSITE, YOUR INABILITY TO USE THE WEBSITE OR ANY DECISION MADE OR
ACTION TAKEN BY YOU IN RELIANCE OF ANY INFORMATION, ADVICE OR MATERIALS PROVIDED ON THE WEBSITE, WHETHER SUCH
DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MSC HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND
USE OF THE WEBSITE.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of
the above exclusions or limitations may not apply to you.
No Warranty
THE WEBSITE IS PROVIDED BY MSC ON AN "AS IS" BASIS. MSC DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE
WEBSITE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
MSC MAKES ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL MATERIAL, INFORMATION AND DATA ON THE WEBSITE
IS ACCURATE AND RELIABLE; HOWEVER, ACCURACY CANNOT BE GUARANTEED.
MSC MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE,
OR USE OF MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THE WEBSITE, OR REGARDING THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE. MSC DOES NOT WARRANT OR GUARANTEE (1)
THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF THE WEBSITE OR ANY MATERIAL,
INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE WEBSITE OR (2) THAT USE OF THE
WEBSITE OR ANY MATERIALS ON THE WEBSITE WILL MEET ANY USERS REQUIREMENT BY UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE. MSC SHALL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE
ANY USER COMMUNICATION.
YOU ACKNOWLEDGE AND AGREE (1) THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, (2) THAT
USE OF ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE
IS AT YOUR OWN DISCRETION AND RISK, AND (3) THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA, AND FOR ANY
OTHER FORM OF DAMAGE THAT MAY BE INCURRED. MSC DOES NOT WARRANT OR GUARANTEE THAT FILES OR OTHER MATERIALS
AND INFORMATION AVAILABLE THROUGH THE WEBSITE WILL BE FREE OF INFECTIONS, VIRUSES, WORMS, TROJAN HORSES OR
OTHER CODE THAT COULD BE HARMFUL TO YOUR COMPUTER SYSTEM.
NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR ITS CONTENT, INCLUDING
WITHOUT LIMITATION MSC, SHALL BE LIABLE TO USERS OF THE WEBSITE FOR ANY DAMAGE RESULTING FROM USE OF THE
WEBSITE OR USE OF MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THE WEBSITE, NOR
ARE SUCH PARTIES IN ANY WAY RESPONSIBLE FOR THE CONDUCT OF USERS OF THE WEBSITE OR FOR THIRD-PARTY
INFORMATION POSTED OR EXCHANGED ON THE WEBSITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MSC OR IN ANY MANNER FROM THE WEBSITE
SHALL CREATE ANY WARRANTY.
Third-Party Websites
The Website may link to, or be linked to, other websites not maintained by or related to MSC. Such links
are provided only as a service to our visitors. MSC is not, directly or indirectly, implying any approval,
association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically
stated therein. MSC has not reviewed all such websites and is not responsible for the content, accuracy,
or policies of any such websites. Your linking to any other pages or websites is at your own risk.
If you operate another website and are interested in linking to our website, you must obtain consent from
MSC and agree to be bound by the following rules: (1) the link must be a text-only link clearly marked;
(2) the link must "point" to the URL http://www.wellrx.com and not to any other pages; (3) the link, and
use thereof, must be in connection with a website of appropriate subject matter which furthers the mission of
MSC; (4) the link, and use thereof, may not be such that may damage or dilute the goodwill associated
with MSC's names and marks; (5) the link, and use thereof, may not create the false appearance that an entity
other than MSC is associated with or sponsored by MSC; (6) the link, when activated by a user, must display
the Website full-screen and not with a "frame" on the linked website; and (7) MSC reserves the right to revoke
consent to the link at any time in its sole discretion, either by amending these Terms and Conditions or through
other notice.
Privacy Policy
By your access and use of the Website, you hereby agree to the terms of the MSC Privacy Policy , which are
incorporated into these Terms and Conditions by this reference.
Indemnification
You agree to indemnify, defend and hold harmless MSC, its officers, representatives, directors, employees,
consultants and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs
(including without limitation attorneys' fees) arising from or related to your use of the Website, your
use of any material, information or data downloaded or otherwise obtained from the Website, or your violation
of these Terms and Conditions, including without limitation, your infringement of any intellectual property or
other right of MSC or any other person or entity.
Interpretation and Disputes
These Terms and Conditions are governed by the laws of the United States and the State of Arizona, without
regard to any conflict of laws provisions. Venue shall be proper exclusively in Maricopa County, Arizona
with respect to any dispute arising under these Terms and Conditions, unless otherwise specifically agreed
by MSC in its sole discretion. In the event of any dispute, the prevailing party shall be entitled to recovery
of its reasonable attorneys' fees and costs. If any provision of these Terms and Conditions is deemed
unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision
to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove
impossible or impracticable then the provision shall be severed and the remaining terms of these Terms and
Conditions shall be interpreted and read to give them maximum enforceability. Any cause of action or claim
with respect to the Website must be commenced within one (1) year after the action or claim arises.
Third-Party Intellectual Property Rights
MSC respects the rights of intellectual property owners, and asks that its users do the same. If you believe
that your work has been copied in a way that constitutes infringement, please provide MSC the following
information, in the form prescribed by Section 512 of Title 17, United States Code:
an electronic or physical signature of a person authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed;
a description of the copyrighted work or works that you claim have been infringed;
a description of the allegedly infringing material, including its location on the Website;
your address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice
is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Entire Agreement
By your access or use of the Website, you hereby agree to these Terms and Conditions. These Terms and
Conditions, together with the MSC Privacy Policy constitute the entire agreement between you and MSC with respect
to your access and use of the Website and supersede all prior or contemporaneous understandings or agreements,
written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will
be effective only if in writing and signed by MSC. These Terms and Conditions will inure to the benefit
of MSC's successors and assigns.
Electronic Communications
You acknowledge that these Terms and Conditions are a valid and binding agreement. To the fullest extent
permitted by law, you agree that these Terms and Conditions and any other documentation, agreements, notices or
communications between you and MSC may be provided to you electronically. Please print a copy of all such
documentation, agreements, notices or other communications for your reference.
Contacting Us
If you have any other questions or concerns regarding these Terms and Conditions, please contact us as follows:
Via Mail at:
Medical Security Card
4911 E. Broadway Blvd Ste 200
Tucson, AZ 85711
Attention: Legal/Privacy Coordinator
Or Via E-Mail at:
Or Via Phone at: 1-800-407-8156
A Customer Care Representative will take note of your question or concern and forward it promptly to the
appropriate party. We will respond to any complaint within 5 business days.
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