RxChoice Terms of Use

Effective: May 5, 2017

1. INTRODUCTION

Welcome to the RxChoice Discount Card Program ("RxChoice"), including without limitation, the RxChoice website ("Website") and various related services (individually and collectively, the "Service"). Our Service is provided to inform and assist users with information related to pharmacies, drugs and pharmacy benefits, including without limitation, providing access to discount card drug pricing, pharmacy locations, discounts and tools and other health-related information.

This Terms of Use Agreement (the "Agreement") governs Your use of the Service. By entering into this Agreement, You also agree to the terms and conditions set forth in Truveris' Privacy Policy ("Privacy Policy"), the terms of which are incorporated by reference herein and available at www.truveris.com/privacy-policy. This Agreement is between Truveris, Inc., a Delaware corporation, including its Affiliates ("Truveris," "we," "us" or "our") and each individual who visits the Website, registers, signs up, contributes content to or otherwise uses the Service ("You" or "Your"). As used in this Agreement, the term "Affiliates" includes our owners, subsidiaries, affiliated companies, directors, officers, suppliers, partners, advertisers, sponsors, and other parties involved in producing, creating, and/or delivering the Service and/or content.

We expressly reserve the right to alter, amend or modify this Agreement from time to time in our sole discretion with or without notice to You. A current version of this Agreement will be posted on our Website at www.RxChoice.us. You acknowledge and agree that You are solely responsible for reviewing this Agreement from time to time, and familiarizing Yourself with the terms of this Agreement, including any modifications. Your continued use of RxChoice after such modifications will constitute acknowledgement of the modified Agreement and Your agreement to be bound by and abide to the modified Agreement.

This Agreement covers the following topics:
  1. Introduction
  2. Acknowledgment and Acceptance of Terms
  3. Your Account; Use of the Service; Prohibited Uses
  4. End User License; Intellectual Property
  5. Termination
  6. Representations and Warranties
  7. Indemnification
  8. Limitation of Liability
  9. Storage of Information
  10. Support and Feedback
  11. Promotional Offers
  12. Publicity
  13. Assignment
  14. Modifications
  15. Governing Law and Venue
  16. Third Party Beneficiaries
  17. Miscellaneous
  18. Contact Us
2. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
2.1 General

Truveris provides the Service to You subject to Your compliance with all the terms, conditions, and notices referenced or contained in this Agreement, in addition to any other written agreement(s) between You and us. This Agreement is established solely between You and Truveris, and not between You and any third party providers of services required to use to our Service, including without limitation, internet browser or service provider. You acknowledge and agree to carefully review and be solely responsible for compliance with the terms of Your service agreement(s) required by such third parties.

Furthermore, when using particular materials, functions, promotions or offerings ("Additional Services") on or related to the Service, You will be subject to any posted rules applicable to such Additional Services that may have supplemental terms and conditions to the terms set forth in this Agreement ("Additional Terms"). All such Additional Terms are hereby incorporated by reference into this Agreement. If any term(s) of the Additional Terms conflict with the terms set forth in this Agreement, the terms of this Agreement will govern and supersede each such conflicting term.

BY USING THE SERVICE, YOU UNDERSTAND THAT THIS AGREEMENT BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF SUCH USE AND HEREBY AGREE TO BE BOUND AND COMPLY WITH THE TERMS HEREIN. YOU AFFIRM THAT YOU ARE NOT UNDER THE AGE OF 18, LOCATED IN THE UNITED STATES, PUERTO RICO OR DISTRICT OF COLUMBIA, AND THAT YOU ARE FULLY ABLE AND COMPETENT TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE IMMEDIATELY EXIT THE WEBSITE AND DO NOT USE THE SERVICE. YOUR SOLE REMEDY FOR DISCONTENT WITH OUR SERVICE, OR ANY ADDITIONAL SERVICE(S), PRODUCT(S), DISCOUNT(S), CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH OUR SERVICE, IS TO STOP USING THE SERVICE AND/OR THOSE OTHER SERVICES OR PRODUCTS, AS APPLICABLE.

THE SERVICE IS INTENDED SOLELY AS A SERVICE FOR INFORMATIONAL PURPOSES ONLY. THE SERVICE AND ANY CONTENT PROVIDED THROUGH THE SERVICE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS AND IS USED SOLELY AT YOUR OWN RISK. THE SERVICE MAY NOT BE USED TO SELL, PURCHASE, OR TRADE COUPONS, DISCOUNTS OR OFFERS, AND THIS AGREEMENT AND APPLICABLE LAW STRICTLY PROHIBIT ANY SUCH USE.

2.2. Not Medical Advice or Insurance

THE SERVICE IS NOT INTENDED TO PROVIDE HEALTH OR MEDICAL ADVICE TO YOU, AND BEFORE MAKING ANY DECISIONS THAT COULD AFFECT YOUR HEALTH, YOU SHOULD CONSULT A HEALTHCARE PROFESSIONAL. FURTHER, THE SERVICE IS NOT INTENDED TO PROVIDE, OR TO HELP PHYSICIANS OR OTHER HEALTHCARE PROFESSIONALS PROVIDE, INSURANCE, MEDICAL OR HEALTH ADVICE TO PATIENTS OR OTHER PERSONS.

THE SERVICE IS NOT INTENDED TO CREATE ANY PATIENT RELATIONSHIP, NOR SHOULD IT BE CONSIDERED A REPLACEMENT OR SUBSTITUTE FOR CONSULTATION, ADVICE, DIAGNOSIS OR TREATMENT BY A HEALTH CARE PROFESSIONAL. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF THE RESULTS, CONTENT OR INFORMATION YOU READ OR RECEIVE THROUGH THE SERVICE. FURTHERMORE, THE SERVICE IS FOR INDIVIDUAL PERSONAL USE ONLY.

RELIANCE ON ANY INFORMATION PROVIDED DIRECTLY OR INDIRECTLY THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK. YOU SHOULD NOT RELY ON THE SERVICE FOR ANY NON-INFORMATIONAL PURPOSE, INCLUDING WITHOUT LIMITATION, ANY LIFE-THREATENING, EMERGENCY, CRITICAL OR OTHER SITUATION WHERE TIMELY ADMINISTRATION OF MEDICATIONS OR OTHER MEDICAL TREATMENT IS IMPERATIVE.

2.3 Not Intended for Use With Federally Funded Programs

YOU ARE NOT ELIGIBLE TO USE CERTAIN FEATURES OFFERED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY OF ITS DISCOUNTS OR OTHER OFFERS, IF YOUR PRESCRIPTIONS ARE PAID FOR IN PART OR FULL BY ANY STATE OR FEDERALLY FUNDED PROGRAMS, INCLUDING, BUT NOT LIMITED TO, MEDICARE OR MEDICAID (INCLUDING MEDICAID MANAGED CARE), MEDIGAP (ALSO KNOWN AS MEDICARE SUPPLEMENTAL INSURANCE), VETERANS AFFAIR (VA), FEDERAL EMPLOYEE HEALTH BENEFIT (FEHB), DEPARTMENT OF DEFENSE (DOD), OR TRICARE, OR WHERE PROHIBITED BY LAW.

3. YOUR ACCOUNT; USE OF THE SERVICE; PROHIBITED USES
3.1 General

Truveris allows You to access and use our Service in accordance with the terms and conditions in this Agreement. The Service offers a variety of features and functionality, including but not limited to: checking prices on drugs, accessing discount cards, locating pharmacies, learning about prescription drug offerings such as Patient Assistance Programs (PAPs) and receiving updates about prescription drug offers.

3.2 Use of the Service

You may use the Service in accordance with the limited End User License (as defined below) granted to You below and the terms of this Agreement. When You directly or indirectly provide any information to us through the Service, You represent, warrant and agree that all such information is and shall remain true and accurate. Truveris may collect and store certain information about You and/or Your use of the Services as further described in our Privacy Policy.

In order to use the Service, You must have properly configured and working Internet, Wi-Fi or data connection through an Internet or mobile device data provider. You hereby agree to obtain, maintain and be responsible for any and all payment or fees related to such connectivity requirements at Your sole expense.

When using the Service, information or data may be transmitted over a connection or medium that may be beyond the control and jurisdiction of Truveris and its suppliers. Accordingly, Truveris assumes no liability for or relating to the delay, failure, interruption, transmission or corruption of any information or data transmitted in connection with use of the Service that is not attributable to the sole fault of Truveris, including without limitation, data breaches or use or misuse of information transmitted or received using the Services.

Your phone calls to and from us regarding the Service or this Agreement may be recorded for various purposes, including without limitation, monitoring customer service quality or compliance, checking accuracy of information You provide us, preventing fraud, and/or providing training for our staff and customer service representatives. Any information obtained from You during the call will be treated in accordance with the provisions of our Privacy Policy.

3.3 Discounts and Offers

ANY DISCOUNT OR INFORMATION USED TO REDEEM SAVINGS OR A REDUCED PRICE THROUGH THE SERVICE (INDIVIDUALLY OR COLLECTIVELY, "OFFER") IS NOT HEALTH INSURANCE. A USER MAY NOT BE ELIGIBLE FOR AN OFFER, AND SHOULD CAREFULLY READ THE TERMS OF EACH OFFER TO DETERMINE ELIGIBILITY AND THE TERMS GOVERNING THE USE OF THE OFFER. TRUVERIS IS NOT RESPONSIBLE FOR THE EFFICACY, ACCURACY, ACCEPTANCE, TERMS OR PERFORMANCE OF ANY OFFER. YOU UNDERSTAND AND AGREE THAT OFFERS HAVE NO CASH VALUE AND ARE NOT GUARANTEED TO YIELD ANY SAVINGS OR BENEFITS TO YOU. YOU AGREE TO USE OFFERS AT YOUR SOLE RISK.

You understand and agree that most Offers require a valid and current prescription from a licensed health professional. Truveris is not responsible for and cannot assist You in obtaining requisite prescriptions and/or health services required to redeem an Offer.

Truveris does not guarantee that any Offer will be valid or accepted by any pharmacy. While most retail pharmacies, independent pharmacies, and other entities dispensing prescription drugs (collectively, "Pharmacies") will accept Offers for which a user is eligible, some pharmacies will not accept certain or any Offers. Truveris is not responsible or liable for Pharmacies that refuse any Offer or if You are unable to use an Offer for any reason.

3.4 Permitted Uses; Prohibited Uses; Use Policy

The Service may only be accessed and used for lawful purposes and in accordance with this Agreement. You agree not to use the Service for any illegal, fraudulent, improper or abusive purpose or in any manner that may interfere, prevent or damage our ability to provide the Service to other users. If You use the Service for anything other than the permitted uses in this Agreement, Truveris may, in its sole discretion, immediately terminate Your Service and charge and collect any applicable fees for damage caused by Your improper use.

You agree not to use the Service for any prohibited use, including without limitation, the following:

  • Downloading content from, using or searching the Service through the use of any type of software, engine, agent, tool, device or mechanism (including robots, crawlers, spiders, data mining tools or the like) besides the search agents and/or software provided by Truveris or other established and widespread third party web browsers;
  • Accessing, using or tampering with non-public areas of the Service, Truveris' computer systems, or the delivery systems of our providers;
  • Gathering, collecting or using information for uses not explicitly permitted herein, including without limitation, gathering other users' names and email addresses to transmit any unsolicited spam, junk mail, unsolicited advertisements, messages or other form of solicitation;
  • Using the Service for any commercial purpose or is any manner not adherent to these Terms;
  • Engaging in behavior that is illegal, obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, malicious, infringing, tortious, or invasive of another's privacy or inconsistent with the terms of our Privacy Policy;
  • Using the Service or submitting Content that is unlawful, libelous, defamatory, obscene, threatening, harassing, hateful, pornographic, ethnically or racially offensive; encourages conduct that would be considered a criminal offense; gives rise to civil liability; violates any applicable local, state, national and international regulation, law or term of this Agreement; or is otherwise inappropriate;
  • Submitting Content that violates the proprietary rights of a third party, including privacy and publicity rights, or that violates any applicable law;
  • Impersonating another person or representing Yourself as an affiliate or agent of Truveris, our Affiliates or respective staff;
  • Allowing or providing availability of the features or functions of the Service to be used by multiple users through any means;
  • Using the Service in any way that interferes with other users' and third parties' permissible use and enjoyment of the Service or use the Services in any manner which disrupts, prevents or restricts any other users from using the Service; and
  • Enabling or encouraging any other person to do any of the aforementioned.

Truveris reserves the right to investigate and prosecute violations of our Service or this Agreement and/or cooperate with and involve law enforcement authorities in prosecuting users who violate the terms of this Agreement.

4. END USER LICENSE; INTELLECTUAL PROPERTY
4.1 End User License

Truveris grants You a limited, personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable, non-resellable license ("License" or "End User License") and right to use the Service for Individual Use only in strict compliance with this Agreement. "Individual Use" means legitimate use by a single user only for You, Your legal dependents and individuals that have consented to allow You to use or share their information with us on their behalf. All rights not expressly granted under this Agreement are retained by Truveris.

You acknowledge and agree that any and all right, title and interest in any foreign and domestic patents, copyrights, trademarks, service marks, trade secrets, and all other intellectual property rights (collectively, "IP Rights") in the Service are and shall remain the sole and exclusive property of Truveris and its licensors, as applicable. Nothing in this Agreement intends to or shall grant, transfer, assign or vest any IP Rights to or in You, and You are only entitled to the limited use of the rights expressly granted to You in this Agreement. You will not take any action to jeopardize, limit, or interfere with Truveris' IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement, as well as a violation of applicable intellectual property laws. You acknowledge and understand that all right, title and interest in and to any Third Party Content (as defined below) that may be accessed through the Service is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.

You agree not to sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Service or any part thereof without Truveris' prior written consent.

You agree not to undertake, cause, permit, or authorize the copying, modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Service, or any parts thereof. You agree not to intercept, capture, emulate, decrypt, or redirect the communications protocols used by Truveris for any purpose or manner not expressly authorized by Truveris.

4.2 Trademarks and Copyrights

The Service, this Agreement and all content provided through the Service are Copyrighted 2015 by Truveris, Inc.. All rights reserved.

All trademarks indicated herein are the sole and exclusive property of Truveris. Unless otherwise labeled, all custom graphics, logos, icons and service names used on the Service are trademarks of Truveris, its Affiliates or licensors. All other service marks or trademarks are property of their respective owners. No part of this Agreement grants You the right to use any logo, trademark, service mark, and/or the name of Truveris, RxChoice, its Affiliates or its Licensors for any purpose.

You may not alter, remove or obscure any service mark, copyright, trademark or other proprietary rights notices incorporated in or accompanying the Service, including in any content provided therein.

4.3 Third Party Content And Sites

Materials or content may be made available via the Service that are owned, provided or references documents, information, software, products, services, offers and/or materials provided by third parties not within our control, including without limitation, information regarding prescription drugs, coupons, discounts, patient assistance programs ("PAPs") offered by pharmaceutical manufacturers or other entities, links to third party sites or other condition management initiatives (collectively, "Third Party Content").

Third Party Content is not under the control of Truveris, and Truveris is not liable or responsible for Third Party Content available, linked or accessible through the Service, and any right, title, interest and liability for any intellectual property rights in such Third Party Content shall remain with the respective third party owner or licensor unless otherwise stated herein or agreed to by Truveris and such third party. You assume all risk arising from Your use of Third Party Content, including without limitation, any Third Party Content You may find or view on sites linked from the Service. Truveris' inclusion of such a link to Third Party Content is provided as a convenience and is not intended to indicate association with or endorsement of such third party, or any warranty of any kind, either implied or express of any of the Third Party Content.

Truveris does not and is under no obligation to review Third Party Content transmitted, sent, received, used, linked or offered through the Service for any purposes, including without limitation, for determining intellectual property infringement, copyright compliance, accuracy, decency, legality, omissions, errors, references or any other aspect of the Third Party Content. However, Truveris reserves the right to and will, in appropriate circumstances, terminate access to the Service if a user infringes on any intellectual property right of Truveris or a third party.

You are only permitted to use Third Party Content as expressly authorized by Truveris or Third Party Content provider. Any unauthorized use of the materials appearing on the Service may violate trademark, copyright and other applicable laws resulting in civil or criminal penalties.

5. TERMINATION

You may stop using the Service at any time. Truveris reserves the right to terminate or block Your use of the Service at any time for any reason or no reason in our sole discretion. If You breach any terms of this Agreement, Truveris may immediately suspend, block and/or disable Your existing Account and prevent any future use or access to the Service.

6. REPRESENTATIONS AND WARRANTIES
6.1 Your Representations and Warranties

You represent and warrant that (i) You possess the legal right, capacity, and ability to enter into this Agreement; (ii) You will provide and maintain true and accurate information if requested by Truveris through the Service at all times; (iii) You own or have a license to use any Content that You submit to us; (iv) Your Content does not violate the copyrights, contract rights, publicity rights, privacy rights, or any other rights of any person; (iv) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; (v) You not listed on any U.S. Government list of prohibited or restricted parties; and (iv) You will not use the Service in violation of this Agreement.

6.2 Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," AND THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICE SHALL BE BORNE SOLELY BY YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, TRUVERIS, ITS LICENSORS, AFFILIATES, SUPPLIERS AND AGENTS MAKE NO WARRANTIES, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE OR TERRITORY THEREOF, OR OF ANY COUNTRY. TRUVERIS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS) OR THAT YOUR USE OF SERVICE OR ANY CONTENT OBTAINED OR DISPLAYED ON THE SERVICE WILL NOT INFRINGE ON THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

WITHOUT LIMITING THE FOREGOING, TRUVERIS MAKES NO WARRANTY AS TO THE ACCURACY, AVAILABILITY, RELIABILITY, COMPLETENESS, CURRENTNESS, SECURITY OR TIMELINESS OF THE CONTENT, MATERIALS, OFFERS, SOFTWARE, TEXT, GRAPHICS, LINKS, THIRD PARTY SITES, THIRD PARTY CONTENT, THIRD PARTY MATERIALS, RESULTS OR COMMUNICATIONS OBTAINED THROUGH THE USE OF THE SERVICE OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY CONTENT, DATA, DISCOUNT CARDS OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED, ACQUIRED OR VIEWED THROUGH THE USE OF THE SERVICE ARE AT YOUR SOLE RISK AND DISCRETION, AND TRUVERIS WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU, PERSONS YOU HAVE LEGAL CUSTODY OF OR AUTHORIZATION FROM OR THE RESPECTIVE PROPERTY OF EACH OF SUCH PERSONS. TRUVERIS IS NOT RESPONSIBLE FOR THE CONTENT OR FUNCTIONALITY OF ANY THIRD PARTY NETWORK, PLUGINS OR SERVICES USED IN CONNECTION WITH OR USED TO CONNECT TO THE SERVICE.

TRUVERIS MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. TRUVERIS FURTHER MAKES NO WARRANTY OR GUARANTEE OF UP-TIME, RESPONSE TIMES, LATENCY, SECURITY, TIME BETWEEN FAILURES OR QUALITY OF SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SERVICE IS APPROPRIATE FOR HIGH-RISK, FAIL-SAFE, EMERGENCY OR OTHER ACTIVITIES WHERE FAILURE OF THE SERVICE COULD RESULT IN SERIOUS HARM TO PERSONS OR PROPERTY. TRUVERIS IS NOT RESPONSIBLE FOR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICE, NETWORK CONNECTIONS OR THE INTERNET IN GENERAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRUVERIS, ITS EMPLOYEES, ITS LICENSORS, PARTNERS, CONRACTORS, AFFILIATES, SUPPLIERS OR AGENTS DIRECTLY OR INDIRECTLY THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS AND SHALL UNDER NO CIRCUMSTANCES BE CONSTRUED AS MEDICAL ADVICE.

SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TRUVERIS CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

7. INDEMNIFICATION

To the maximum extent permitted by applicable law, You shall indemnify and hold harmless, individually and collectively, Truveris, its Affiliates, agents, partners, and other providers who furnish goods and services to You in connection with the Service, and their officers, directors, managers, employees, and shareholders (the "Indemnified Parties") from and against any and all liability, claims, losses (including loss of profits, revenue and goodwill), damages, fines, penalties, injuries to persons or property, costs, and expenses (including reasonable attorneys' fees and dispute resolution expenses) arising from or related to (i) the use of or reliance upon the Service by You or any third party acting upon Your permission, knowledge, authority or direction, (ii) a breach of this Agreement by You or third parties whom You represent or are acting for or upon, (iii) any negligent acts, omissions to act or willful misconduct by You or any third party acting with Your permission, knowledge, authority or direction, (iv) the use of the Service in connection with a violation of any applicable law, code, regulation, or ordinance, and/or (v) the misappropriation, breach, violation, or infringement of any right, title or interest of any third party, including but not limited to, contractual rights, intellectual property rights (including patent, trademark, copyright, and trade secret rights), rights of privacy, and rights of publicity and personality.

8. LIMITATION OF LIABILITY

IN NO EVENT SHALL RXCHOICE, ITS AFFILIATES, LICENSORS, CONTRACTORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION, PERSONAL INJURY/WRONGFUL DEATH, LOSS OF PROFITS, USE, DATA, GOODWILL, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR USE OF, ACCESS TO OR INABILITY TO USE OR ACCESS THE SERVICE OR CONTENT PROVIDED IN THE SERVICE; (ii) ANY CONTENT OBTAINED FROM THE SERVICE; AND/OR (iii) UNAUTHORIZED USE, ACCESS, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT FROM USE OF THE SERVICE, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER LEGAL OR EQUITABLE THEORY OF LIABILITY, REGARDLESS OF WHETHER RXCHOICE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

TRUVERIS' TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES UNDER ALL THEORIES OF LIABILITY AND FROM ALL CAUSES OF ACTION WILL BE LIMITED TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, WHICH SHALL NOT EXCEED (IF YOU HAVE PAID ANY FEES TO TRUVERIS) THE FEES PAID BY YOU FOR USE THE SERVICE DURING THE ONE (1) MONTH IMMEDIATELY PRIOR TO THE DATE THAT THE EVENTS GIVING RISE TO THE, ACTION OR CLAIM FIRST OCCURRED TO TRUVERIS OR (IF YOU HAVE NOT PAID ANY FEES TO TRUVERIS) $50, AS APPLICABLE. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY IN ANY AND ALL CIRCUMSTANCES.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE, CONTENT, PUBLIC AREAS OR THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. THE REMEDIES FOR SUCH CLAIMS ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

TRUVERIS HEREBY DISCLAIMS ANY LIABILITY IN RESPECT TO ANY SUCH THIRD PARTY CONTENT. NOTWITHSTANDING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT SUCH THIRD PARTY CONTENT MAY BE "TRANSACTIONAL," OR NEEDED TO COMPLETE THE PROCESS OF ACQUIRING DISCOUNTS ACCESSED THROUGH RXCHOICE, AND MAY RELATE TO OR PROCEED FROM PERSONALLY IDENTIFIABLE INFORMATION (PII) OR PERSONAL HEALTH INFORMATION THAT YOU HAVE ENTERED.

9. STORAGE OF INFORMATION

Truveris is not obligated to store Your Data, Your Content, Account information, Service requests, communications, e-mails, messages or any other information but does so in its sole discretion. Truveris may delete information at any time or periodically to comply with applicable law or regulation, its internal document retention policies or any other reason in its sole discretion. You understand and agree that Truveris has no responsibility or liability whatsoever for the deletion or failure to store any information related to Your use of the Services.

10. SUPPORT AND FEEDBACK

Truveris provides support to You via telephone and e-mail for the Service in its sole discretion but has no obligation to provide any support for the Service or to fix any issues with the Service, including without limitation, customer support, technical support, response or implementation of feedback, software or Website solutions (e.g., bug fixes, software updates). Truveris will use reasonable efforts to troubleshoot and resolve an issue reported by You but does not make any representations or guarantees that such issues will be resolved in any given time frame or ever.

From time to time, Truveris may send You surveys, comment cards, customer satisfaction forms, or other requests to provide feedback on the Service. You submit such feedback voluntarily and any feedback received may be used by Truveris to improve the Service or for any other purpose in its sole discretion. You hereby grant Truveris, its licensors, Affiliates, and suppliers a perpetual, unlimited, worldwide fully-paid up, royalty free license to use all feedback, answers, ideas, comments, or other information You provide to Truveris through any medium.

11. NON-DISPARAGEMENT

You agree not to directly or indirectly through a third party engage in any conduct or make any communication (public or private) that disparages Truveris or the Service in any way. Such communications include, but are not limited to, publishing, posting, printing, disseminating, or otherwise making such disparaging statements on or through the Internet, in any blog, or through any other form of social media. You further agree not to solicit or encourage any third party, directly or indirectly, to make any such statements, comments, or communications.

12. PROMOTIONAL OFFERS

You hereby agree that Truveris (including its Affiliates, partners and contractors) may directly or indirectly send You marketing materials, Offers and/or promotional offerings via electronic transmission, e-mail, mail, or otherwise ("Promotional Offers"), provided, that You may unsubscribe to such materials at any time by clicking the "Unsubscribe" link at the bottom of any promotional email or Contacting Us. You understand and agree that Truveris may modify the scope or discontinue any or all Promotional Offers at any time without additional notice to You. You further understand and agree that Truveris may present Promotional Offers only to new users and that You may not be eligible for some or all of the Promotional Offers.

13. PUBLICITY

You agree that Truveris may identify You as a user of the Service in press releases, marketing materials, electronic, printed, and broadcast advertising, newsletters, mailings, tradeshows, promotional materials, on the Website or App; or any other third-party website where Truveris or its designated agents may promote the Service. You hereby grant Truveris and its designated agents an irrevocable, perpetual, worldwide, non-exclusive, fully paid-up, royalty-free license (with right to sublicense) to use, reproduce, publish, and display Your name or photo in connection with such purpose.

14. ASSIGNMENT

Truveris may assign this Agreement and any of its rights and obligations hereunder at any time. You may not transfer or assign this Agreement or any of Your rights or obligations under this Agreement, and any purported transfer or assignment in violation of this section is void. Subject to the foregoing, this Agreement shall be binding on and inure to the benefit of the parties, their successors, permitted assigns, and legal representatives.

15. MODIFICATIONS

We reserve the right to add, remove, fix, change, update, modify, amend or terminate either temporarily or permanently any feature, functionality or in entirety the Service or any term of this Agreement from time to time with or without prior notice to You. If we make material changes to the Service or this Agreement, we may notify You of such changes by sending You an email, notification or other message or by posting them on our Website, including when such changes shall take effect.

You acknowledge and agree that Truveris has no obligation to make available to You any subsequent or updated versions of the Service. You also understand and agree that You may or may not be required to enter into a renewed version of this Agreement if You want to download, install, or use a new version of the Service. By continuing to use or access our Service after those revisions take effect, You agree to be bound by all applicable revised terms and conditions of this Agreement.

The modified terms of this Agreement shall replace and supersede all previously agreed to electronic and written terms, as well as any prior versions of this Agreement. In order to ensure that You receive any notices from us, You agree to be solely responsible for (i) making sure that Your email account is current and functional, (ii) checking Your email regularly, and (iii) making sure that Truveris communications are not blocked or rendered undeliverable by You, Your computer, any software installed on Your computer, Your Internet service provider, Your mobile device or for any other reason.

16. GOVERNING LAW AND VENUE

Your use of the Service and the provisions of this Agreement are governed by and construed under the laws of the State of New York without regard to any conflict of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement or Your use of the Service.

You agree that any disputes or claims regarding Your use of the Service or this Agreement shall be adjudicated in, and/or the venue for all disputes shall be in, the state and federal courts located in New York (Manhattan) in the State of New York, U.S.A. You agree to submit to the exclusive jurisdiction of such courts and agree not to bring any claims or disputes in any other court or adjudicative body. You hereby consent to venue and personal jurisdiction in such courts and irrevocably waive any right that You may have to assert that such forum is not convenient or that any such court lacks jurisdiction.

17. MISCELLANEOUS

This Agreement, including the documents incorporated herein, constitutes the full agreement between You and Truveris regarding the Service and supersedes all prior or contemporaneous understandings or agreements on the subject matter.

In the event of any legal action between You and Truveris, the non-prevailing party shall reimburse the prevailing party for all reasonable and documented attorneys' fees, costs, and expenses relating to the claim or dispute.

Any and all claims related to this Agreement, including without limitation, product liability claims, any claim that the Service fails to confirm with any applicable legal or regulatory requirement or claims arising under consumer protection or similar legislation may be brought to our attention by contacting us.

The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.

If a court holds any provision(s) of this Agreement invalid or unenforceable, such provision(s) shall be construed to reflect the parties' original intent, and the remaining provisions of this Agreement shall remain in full force and effect.

Truveris' failure to enforce any provision or right of this Agreement will not be considered a waiver of those rights.

Nothing in this Agreement shall be deemed or construed to constitute or create employment, partnership, association, joint venture, agency, or fiduciary relationship between You and Truveris.

Truveris shall be excused from any delay or failure in performance hereunder caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, fiber cuts, actions or inactions of third party providers or suppliers, riots, sabotage, war, government requirements, or other events that are beyond Truveris' reasonable control.

You agree and acknowledge that any breach of the provisions regarding intellectual property ownership or confidentiality contained in this Agreement shall cause Truveris irreparable harm and that Truveris may obtain injunctive relief and seek all other remedies available in law and in equity.

This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (i) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation, or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

19. CONTACT US

Contact us if You have any questions about our Service or this Agreement:

BY POSTAL MAIL
Truveris, Inc
Attn: Legal Department
2 Park Avenue, Suite 1500
New York, NY 10016

BY PHONE
(888) 664-6261

BY EMAIL
support@truveris.com