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AIRxPrice Terms of Use

Last Updated:  October 22, 2024

Please read these Terms of Use ("Terms") carefully. These Terms are a binding contract between you and Medical Security Card Company, LLC, a Delaware limited liability company ("MSC", "we", "us" or "our") governing the use of this website ("Site") and the services we provide on this Site (“Services”).  By using this Site or Services, you agree to be bound by these Terms. These Terms affect your legal rights and obligations, so if you do not agree to these Terms, do not use the Services.

NO MEDICAL ADVICE: Neither the Site nor the Services should be as a substitute for medical advice for medical problems or conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone.

ARBITRATION NOTICE: Except for certain types of disputes described in the arbitration clause below, you agree that all disputes between you and MSC will be resolved by mandatory binding arbitration, and you waive any right to participate in a class-action lawsuit or class-wide arbitration.

Privacy- Your privacy is important to us. By using the Site or Services you acknowledge the AIRxPrice Privacy Policy.

Modifications to these Terms- We may, at our sole discretion, revise these Terms from time to time. The most current version of these Terms will be made available to you on the Site. We encourage you to periodically review these Terms. If we make material changes to these Terms, we will notify you on the Site both by posting a conspicuous notice on the Site or by otherwise sending you a notification prior to the effective date of the changes. By continuing to access or use the Site or the Services after those changes become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you may terminate use of the Site and Services.  

Our Services- AIRxPrice AI Tool- You may use our AIRxPrice AI tool without registering or creating an account.  The AIRxPrice AI tool is powered by Microsoft Azure’s OpenAI services to provide you with prescription discount card search capabilities.  We are not responsible for any third-party prescription discount program and results of the Services are entirely dependent on the information provided by any third party.  We can make no guarantee or representation regarding the outcome or accuracy of any third-party information or any third-party prescription discount program.  Inclusion of any third-party prescription discount programs in the AIRxPrice AI Services is not a recommendation or referral to any such program.  In addition, please note that the Services on this Site leverage artificial intelligence, which can result in errors.   We are not responsible for any errors, including AI or software errors.  You should always confirm any results directly with the applicable pharmacy or prescription discount card program and exercise good judgment when using such services.  

You may elect to print or download an MSC WellRx (“Program”) identification card that allows you to use to use our MSC Program without registering with us or creating an account (a "Card").  If you do NOT have prescription drug health insurance, have limited coverage or a high deductible plan, you can use your Card for any brand name or generic prescriptions not covered by your insurance that you or a household member pays for out-of-pocket unless other restrictions apply. You can also use your Card for medications prescribed for your non-human pets if they are human equivalent prescription medications dispensed at a participating pharmacy. Please see your Card for more information. If you HAVE health insurance coverage, you can use your Card for certain prescriptions that are not covered by your insurance or for savings for your family members who are not covered by insurance.

DISCOUNT ONLY - NOT INSURANCE. Any Card received via email or text pursuant to the Services is NOT a health insurance policy and is not intended as a substitute for health insurance. The Card allows you to obtain discounts on prescription drugs and/or pharmaceutical products purchased through participating pharmacies. You are required to pay for all prescription drugs at the time of purchase. To obtain discounts, you will need to present your card before you pay for any prescription or other product. The range of the discounts will vary depending on the prescription drug or other product and the participating pharmacy. MSC does not make payments to any pharmacy or health care provider.

The Services are administered by Medical Security Card Company, LLC, 350 S Williams BLVD, Tucson, AZ 85711, 1-800-407-8156, www.medicalsecuritycard.com. You may file a complaint regarding the Services at any time by contacting Customer Care at [email protected].

Modifications to Services- We reserve the right to modify or terminate the Site or the Services or any feature or function of the Site or the Services for any reason at any time and without notice or liability to you.

Prohibited Activities- In addition to the other restrictions outlined in these Terms, you agree that you will not:

  • Use the Site or the Services for any purpose that is illegal, unauthorized, beyond the scope of its intended use, or engage in, encourage, promote, advocate or assist any third party in any activity that violates these Terms or is otherwise prohibited in these Terms or the terms of any third party that govern a particular Service;
  • Interfere with or disrupt servers or networks used by MSC to provide the Site or the Services or are used by other users to access the Site or the Services, or violate any third-party regulations, policies or procedures of such servers or networks or harass or interfere with another user's full use and enjoyment of the Site or the Services;
  • Send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials to other users of the Site or the Services;
  • Solicit or attempt to solicit personal information from other users of the Site or the Services;
  • Intercept, examine, monitor or otherwise observe any proprietary communications protocol used by a device, a client or a server communicating with the Site or the Services, whether through the use of a network analyzer, packet sniffer or other device or software, unless expressly authorized by MSC;
  • Use any robot, bot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Site or the Services or to extract data;
  • Reverse-engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Site or the Services or to circumvent measures employed to prevent or limit access to any area, content, or source code of t the Site or the Services;
  • Attempt to compromise any security measures or circumvent any content-filtering techniques we employ, or attempt to access areas or features of, the Site or the Services that you are not authorized to access;
  • Attempt to represent in any manner that you have a relationship of any kind with us or that we have endorsed you or any products or services without our express written consent to do so;
  • Engage in or encourage, promote, advocate or assist any third party in any harassing, bullying, intimidating, predatory, or stalking activities;
  • You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other similar content via the Site or the Services;
  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Make available any content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
  • Reproduce, duplicate, copy, buy, sell, trade, resell or exploit for any commercial purpose any portion of the Site or the Services, including MSC Materials (as defined below); and
  • Develop any third-party applications that interact with other users of the Site, or the Services themselves without prior written consent from MSC.

You further agree to abide by any third-party terms when posting reviews of MSC, the Services or the Site.

Content Ownership- Copyright 2024 Medical Security Card Company, LLC. All rights reserved.

The ScriptSave® WellRx™ logo, SCRIPTSAVE®, AIRxPrice, and other MSC trademarks, service marks, graphics and logos used in connection with the Site, or the Services are trademarks or registered trademarks of MSC or its affiliates (collectively, "MSC Marks"). Third party trademarks, service marks, graphics and logos used in connection with the Site, or the Services are the trademarks of their respective owners (collectively, "Third-Party Marks"). The MSC Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of MSC or the applicable trademark holder.

Unless otherwise stated, all materials contained on or within the Site or the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, and written and other materials (collectively, "MSC Materials"), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws.

Subject to your compliance with these Terms, MSC grants you a limited, nonexclusive, non-sub-licensable license to access and use the Site or the Services and MSC Materials solely as made available in the Site. This license is revocable at any time as further contemplated by these Terms. You may not:

  • Distribute, publicly perform or publicly display any MSC Materials;
  • Modify or make any derivative uses of the Site the Services, or MSC Materials, or any portion thereof;
  • Download any portion of the Site the Services or MSC Materials, or any information contained therein, except as expressly permitted by the Services or pursuant to the Terms;
  • Copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, MSC Materials the Site, or the Services or any related software, except as expressly stated in these Terms; or
  • Otherwise use the Site the Services or MSC Materials other than for their intended purposes.

You may not use MSC Materials in any manner except as necessary to use the Site or the Services as provided by MSC. MSC does not grant you any other right or license to use the MSC Materials. Unauthorized use of MSC Materials is a violation of these Terms, which may result in the termination of your access to the Site and may constitute a violation of applicable federal and state laws.

Feedback- You agree that submission of feedback, suggestions, ideas, or other information or materials regarding MSC, the Site, or any other component of the Services that you may provide, whether by email or otherwise ("Feedback") is at your own risk and that MSC has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to MSC a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sub-license the foregoing rights, in connection with the operation and maintenance of  the Site or the Services.

Third-Party Sites and Services- The Site or the Services may link to, or be linked to, websites, features, services, and content not maintained or controlled by MSC. Those links are provided as a convenience. MSC is not responsible for examining or evaluating the content or accuracy of, and MSC does not control, maintain, warrant or endorse, any third-party websites or services, nor any features, services, products, or content made available through those websites or services. Please take care when leaving the Site or the Services to visit a third-party website or service. If you choose to access any third-party websites or services, you do so at your own risk. We encourage you to read the terms and privacy policies applicable to each third-party websites and service that you access.

Disclaimer of Warranties- THE PROGRAM, CARD, SITE AND THE SERVICES AND MSC MATERIALS ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER MSC NOR OUR MEMBERS, SHAREHOLDERS, EMPLOYEES, MANAGERS, OFFICERS, OR AGENTS (COLLECTIVELY, THE "MSC PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE CARD, THE PROGRAM, THE  SERVICES; (B) MSC MATERIALS, INCLUDING THE SITE; (C) SERVICES CONTENT; (D) THIRD-PARTY CONTENT; OR € SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO MSC OR VIA THE SERVICES. IN ADDITION, THE MSC PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE MSC PARTIES DO NOT REPRESENT OR WARRANT THAT THE CARD, PROGRAM, SERVICES OR SITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES, THE SITE OR THE SERVER THAT MAKES SERVICES OR THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE MSC PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICES IS ACCURATE, COMPLETE, OR USEFUL OR THAT YOU WILL RECEIVE ANY ANTICIPATED SAVINGS.

MSC DOES NOT PROVIDE MEDICAL, DIETARY, OR NUTRITION SERVICES. THE SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL, DIETARY, OR NUTRITION ADVICE, DIAGNOSIS, OR TREATMENT.

YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES AND THE SITE IS AT YOUR SOLE RISK. THE MSC PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES OR THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE MSC PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS.

THE MSC PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Indemnification:

BY AGREEING TO THESE TERMS YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE MSC PARTIES FROM AND AGAINST ANY AND ALL CHARGES, CLAIMS, DAMAGES, LOSSES, COSTS, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) INCURRED AS A RESULT OF OR ARISING FROM ANY CLAIM, COMPLAINT, ALLEGATION, LAWSUIT OR DEMAND ARISING OUT OF OR RELATING IN ANY WAY TO (A) YOUR ACCESS TO OR USE OF THE SERVICES OR THE SITE; (B) YOUR VIOLATION OF THESE TERMS; (C) YOUR VIOLATION OF THE RIGHTS OF ANOTHER, INCLUDING WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PRIVACY, OR PROPRIETARY RIGHT; OR (D) YOUR VIOLATION OF ANY STATUTES, CODES, ORDINANCES, LAWS, RULES, REGULATIONS, INCLUDING WITHOUT LIMITATION, ALL REGULATORY, ADMINISTRATIVE, AND LEGISLATIVE AUTHORITIES.

Limitation of Liability:

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL MSC OR THE MSC PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (A) THE USE OF, OR INABILITY TO USE, THE  CARD, PROGRAM, SERVICES, THE SITE, OR ANY CONTENT OF THE SAME; (B) THE PROVISION OF THE SERVICES, THE SITE, OR ANY CONTENT OF THE SERVICES OR ANY MATERIALS AVAILABLE THEREIN, INCLUDING THE CARD OR PROGRAM; OR (C) THE CONDUCT OF OTHER USERS OF THE SERVICES, THE SITE,  OR ANY CONTENT OF THE SERVICES, EVEN IF MSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES, CARD, PROGRAM, AND THE SITE. YOUR ONLY REMEDY AGAINST MSC FOR DISSATISFACTION WITH THE CARD, PROGRAM, SERVICES, THE SITE, OR ANY CONTENT IS TO STOP USING THE SAME. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL MSC’S LIABILITY TO YOU EXCEED $100.00 FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THESE TERMS OR YOUR USE OF THE SERVICES, THE SITE, THE CARD, THE PROGRAM, OR ANY CONTENT, EVEN IF SUCH AMOUNT SHOULD FAIL OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

Dispute Resolution:

Arbitration Agreement; Class Waiver; Waiver of Trial by Jury

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH MSC AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Applicability of Arbitration Agreement- Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity hereof, including the determination of the scope or applicability of this agreement to arbitrate (hereinafter, collectively, the "Dispute"), which cannot be resolved informally, shall be resolved by binding arbitration on an individual basis under the terms set forth below (the "Arbitration Agreement"). Notwithstanding the foregoing, in the event of any actual, alleged or threatened violation of confidentiality or violation of the other party’s intellectual property or other proprietary rights, the non-breaching party may immediately resort to court proceedings in a court of competent jurisdiction as set forth below in order to seek immediate injunctive relief without posting of a bond, proof of damages or other similar requirement. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.

This Arbitration Agreement applies to you and MSC, and to any of the parties' subsidiaries, affiliates, agents, employees, predecessors in interest, successors in interest, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services provided under the Terms.

The arbitration proceeding will be administered by the American Arbitration Association ("AAA") before an arbitrator selected pursuant to the AAA rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys' fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY INSTEAD CHOOSE AND AGREE TO HAVE ALL DISPUTES AS SET FORTH HEREIN DECIDED THROUGH INDIVIDUAL ARBITRATION.

The place of arbitration shall be in Pima County, Arizona, unless otherwise agreed to in writing by all parties to the arbitration. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, shall govern the interpretation, enforcement and proceedings pursuant to this Arbitration Agreement. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.

Survival- This Arbitration Agreement provision will survive the termination of the Agreement and your relationship with MSC.

Time Limitation on Claims- The parties agree that they must initiate arbitration within one (1) year after any Dispute arose; otherwise, the disputing party's Dispute is permanently barred.

Forum and Venue- A lawsuit, if any, between you and MSC that is permissible under this Arbitration Agreement will occur in state or federal court in Pima County, AZ. You and MSC agree that the jurisdiction and venue of these courts is exclusive.

Applicable Law- This Arbitration Agreement and any Dispute between you and MSC will be governed by the laws of the State of Arizona and applicable United States law, exclusive of conflict or choice of law rules.

Severability- If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Entire Agreement- These Terms supersede all prior understandings regarding the Services and the Site and their use and represent the complete agreement between you and MSC. These Terms do not create or confer any third-party beneficiary rights. MSC may, at MSC’s sole discretion, change or modify these Terms at any time.

Contacting Us- If you have any other questions or concerns regarding these Terms, please contact us as follows:

Using the Contact Us form at https://www.medicalsecuritycard.com/contact

Or by mail at:

Medical Security Card Company, LLC
 350 S. Williams Blvd.,
 Tucson, AZ 85711

Via Email at: [email protected]

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