This Privacy and Terms of Use Agreement (“Agreement”) is made between FamilyWize Community Service Partnership, Inc. (“FW”), a Pennsylvania corporation, and the person using this FW website (“You”, “Your” or “User”) to obtain drug pricing discount information (“Website”). This Agreement sets forth the privacy statement and standards of use of the Website. By using the Website, You agree to the below terms and conditions. FW reserves the right, at any time, and without prior notice, to amend the terms and conditions of this Agreement. Any such modifications are effective immediately upon placement on this Website. Use of this Website, including after any modifications to the Agreement, constitutes Your acceptance of the terms and conditions of this Agreement, and Your acknowledgement that You agree to be legally bound to such terms and conditions. This is a voluntary arrangement, so You may at any time end your use of the Website if You do not agree with the Agreement’s terms and conditions.
A. Privacy
Use of this Website’s drug pricing and other information is for informational purposes only. FW will not collect any of Your protected health information or personally identifiable information while You use this Website. FW may collect information on the times and ways You use this Website in order to make improvements to it. FW may collect information through the use of technologies, such as cookies. FW’s use of such technologies to obtain non-protected health information or non-personally identifiable information while You use this Website allows FW to improve the Website and Your online experience will using it. From time to time, FW may revise its privacy policy under this Agreement. Any changes will be prominently displayed on this Website under the Agreement.
To the extent that You use the FW Prescription Savings Card to purchase drugs, please go to the FW website to review the applicable privacy policy and Cardholder terms of use.
B. Third-Party Websites
This Website may contain hyperlinks to third-party websites, such as manufacturer and prescription assistance program websites. FW is not responsible for the content or information collection policies of such third-party websites. If You visit another website, You should review their privacy, terms of use and other policies. Any concerns You may have regarding third-party websites should be directed to such particular websites.
C. Disclaimer
The discount information and content posted on this Website is for informational purposes only and is subject to change at any time without notice. FW uses its best effort to provide timely and accurate data, but FW cannot guarantee the accuracy of such information and recommends checking with the manufacturer(s) or prescription assistance program(s) directly to confirm the discounts presented on this Website before You make any final purchasing decision. FW cannot guarantee that discounts on this Website will be below a pharmacy’s usual and customary pricing for drugs. FW makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Website in terms of its correctness, accuracy, reliability or otherwise. FW disclaims all warranties with regard to any pricing or other information provided. FW does not recommend or advocate for any pricing or other information on this Website. The FW Prescription Savings Card and manufacturer coupons are not insurance and they are not intended as substitutes for insurance. FW Prescription Savings Card discounts are only available with a participating pharmacy.
D. Indemnification and Hold Harmless
User shall indemnify, defend and hold harmless FW, including its officers, directors, employees, representatives, affiliates, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Website and its contents (“FW Indemnitees”), 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 FW Indemnitees, whether arising in tort, contract, or equity, arising out of or relating to: (i) User’s breach of this Agreement; (ii) User’s use of this Website in violation of this Agreement; or (iii) User’s violation of any law or other rights of a third party.
E. Limitation of Liability
To the extent permitted by law, in no event shall FW, including its officers, directors, employees, representatives, affiliates, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Website and its contents, be liable to any User of this Website, including, without limitation, for (i) any errors, omissions or inaccuracies with respect to pricing or other information on this Website; (ii) Your inability to use, unauthorized use of, performance or non-performance of this Website; (iii) any delay or inability to use this Website or any pricing or other information obtained through this Website; (iv) any actual, consequential or incidental damages otherwise arising out of the use of this Website; or (v) any property damage, including without limitation, damages to Your computer system caused by any harmful components, during or as a result of access to or use of this Website or any third-party website to which this Website provides hyperlinks. FW makes no warranty, express or implied, as to any pricing or other information on this Website. All pricing and other information on this Website are subject to change at any time without notice.
F. Logos or Trademarks
All logos and trademarks on this Website are the exclusive property of their respective owners. The use of logos or trademarks on this Website that belong to any third parties, and the availability on this Website of pricing or other information from such third parties, should not be construed as an affiliation, endorsement or sponsorship of this Website and its pricing compilation by any such third party.
G. Relationship Between FW and User
No agency or fiduciary relationship exists between FW and You as a result of Your use of this Website.
H. Governing Law
This terms and conditions of this Agreement, including any claims or other matters of dispute between You or any third-party and FW, including its officers, directors, employees, representatives, affiliates, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Website and its contents, shall be governed by and enforceable in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict of laws. User agrees that service of process may be made by certified mail, postage prepaid, to User. User agrees that, in the event of any dispute, User shall be responsible for reasonable attorneys’ fees and court costs incurred by FW.
I. Severability
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.