Website Maintenance.

Terms of Use

Welcome to the Terms of Use for Medical Security Card Company's ("MSC") various program offerings and services, such as ScriptSave® WellRx, ("Services"). This Terms of Use and use of the Services is subject to the following terms and conditions. Please read these terms and conditions carefully before completing your registration for the Services, so that you fully understand your rights and responsibilities.

BY CLICKING "I AGREE", YOU ARE SUBMITTING A REQUEST FOR ACCESS TO THE SERVICES AND YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU DO NOT AGREE, YOU SHOULD NOT CLICK "I AGREE" AND YOU WILL NOT BE PERMITTED TO ACCESS THE SERVICES.

MAKE SURE TO PRINT A COPY OF THIS TERM OF USE FOR YOUR RECORDS. TO PRINT, SELECT "FILE" ON THE MENU OF YOUR BROWSER AND THEN SELECT "PRINT," OR SELECT THE "PRINT" ICON LOCATED AT THE TOP OF THIS TERMS OF USE.

Electronic Communications

By clicking "I Agree" you agree to do business with MSC electronically. By clicking "I Agree" you (i) consent to the electronic communication and delivery of all documents related to the Services, (ii) agree that your act of clicking the "I Agree" button is a binding form of your electronic signature, which you agree binds you to the terms of this Terms of Use, (iii) represent that you have Internet access and a valid e-mail address enabling you access to the Website and to receive communications and documents electronically, and (iv) represent that you have a printer or other device to print or otherwise save communications and documents including, without limitation, this Terms of Use and that you have printed or otherwise saved a copy of this Terms of Use for your records.

This consent is effective until you withdraw it. You may withdraw your consent to electronic communication and delivery of documents, update your contact information, or request a paper copy of this Terms of Use at any time by contacting us as set forth below. We will send you a confirmation notice once we have processed your change request.

Solicitation to Request Services

Nothing on this Website constitutes an offer on behalf of MSC, but is rather an invitation for you to request to access to receive the Services. MSC may require additional verifications or information before granting any request to access the Services.

All offers set forth on this Website are void where prohibited.

Your use of this Website and the Services is subject to the posting of any official rules or policies, including without limitation, the Terms & Conditions of Use and Privacy Policy.

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 2010 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.

Services Disclaimers

MSC'S SERVICES 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.

Cancellation and Termination

MSC reserves the right to terminate or suspend your access to and use of the Website and/or Services, in part or in whole, at any time in the event of (i) your breach of any of the provisions of this Terms of Use, including without limitation the Terms & Conditions of Use and the Privacy Policy [add links], (ii) your use or misuse of the Website or Services, for any activity or course of conduct that MSC deems to be unlawful or unethical, (iii) in the event MSC reasonably determines that such termination is necessary or proper, or (iv) MSC ceases providing the Website or Services. To the extent reasonably possible, MSC may provide you advance written notice of such termination or suspension.

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 Services, 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 or Services, your inability to use the Website or Services 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 and Services.

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 AND SERVICES ARE PROVIDED BY MSC ON AN "AS IS" BASIS. MSC DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND SERVICES, 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 SERVICES, OR USE OF MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THE WEBSITE OR SERVICES, 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 THE SERVICES OR USE OF THE WEBSITE OR (2) THAT USE OF THE WEBSITE OR SERVICES 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, SERVICES OR ITS CONTENT, INCLUDING WITHOUT LIMITATION MSC, SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM USE OF THE WEBSITE OR SERVICES 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 for the home page of this website 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 this Terms of Use 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 this Terms of Use 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 or Services, your use of any material, information or data downloaded or otherwise obtained from the Website, or your violation of this Terms of Use, including without limitation, your infringement of any intellectual property or other right of MSC or any other person or entity.

Interpretation and Disputes

This Terms of Use is 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 this Terms of Use, 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 this Terms of Use 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 this Terms of Use shall be interpreted and read to give them maximum enforceability. Any cause of action or claim with respect to the Website or Services 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:

  1. an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. a description of the copyrighted work or works that you claim have been infringed;
  3. a description of the allegedly infringing material, including its location on the Website;
  4. your address, telephone number, and e-mail address;
  5. 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
  6. 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.

Contacting Us/Complaint & Resolution

If you have any other questions, concerns regarding this Terms of Use or complaints regarding the ScriptSave® WellRx, 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.

Entire Agreement

This Terms of Use, together with the MSC Privacy Policy and Terms & Conditions constitute the entire agreement between you and MSC with respect to your access and use of the Website and receipt of the Services and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Terms of Use will be effective only if in writing and signed by MSC. This Terms of Use will inure to the benefit of MSC’s successors and assigns.

Electronic Communications

You acknowledge that this Terms of Use is a valid and binding Terms of Use. To the fullest extent permitted by law, you agree that this Terms of Use 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.

Please click on "I Agree" with respect to this Terms of Use. By clicking "I Agree," you affirmatively agree to be bound by these Terms of Use, including without limitation the Terms & Conditions and the Privacy Policy. If you do not agree to be bound by this Terms of Use, including without limitation the Terms & Conditions and the Privacy Policy, do not click on "I Agree" and you will not submit your request to access the Website.



Wesite Version: 1.4.0.0

I have insurance. But I am taking a medication that is off the formulary and this card is saving me over 50%.
Tracy - Pleasanton, TX