TERMS OF SERVICE FOR PATIENTS

Use of covermymeds.com (this "website") and CoverMyMeds' services is governed by the terms and conditions below ("Terms of Service"). These Terms of Service constitute a legally binding agreement between you and CoverMyMeds LLC ("CoverMyMeds").

You must be at least 18 years old to use covermymeds.com. By clicking on the "I AGREE" button at the end of this page and using this website, you agree that you have read, understand, and agree to be bound by these Terms of Service. If you do not agree with any of these Terms of Service, do not use this website.

CoverMyMeds, located at 10574 Ravenna Road, Twinsburg, Ohio 44087, U.S.A, is a limited liability company organized under the laws of the State of Ohio, in which CoverMyMeds has its headquarters. References to CoverMyMeds include any subsidiaries or affiliates of CoverMyMeds involved with providing the services offered by CoverMyMeds. The servers that host this website are located in the United States, and any personal details you provide to us will be processed by CoverMyMeds in the United States.

PLEASE NOTE: Any capitalized terms used but not specifically defined in these Terms of Service have the same meanings as in the federal Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act, and their implementing regulations, as amended from time to time (collectively, referred to as "HIPAA").

HOW DOES COVERMYMEDS USE MY INFORMATION?

This website and CoverMyMeds services are designed to be used by your physician or pharmacist to submit information about you to your health insurer. This information is used to help make decisions regarding your prescription drug coverage. Such information includes your name, date of birth, address and contact information, diagnosis and/or medical condition, treatment/medical history (including prescription medications), health insurance information, and/or financial or other relevant information to enable the determination of drug coverage. This information constitutes "Protected Health Information," as defined by federal law. CoverMyMeds may also use your information to communicate with you about your prescription drug benefits.

WHAT ARE COVERMYMEDS' OBLIGATIONS WITH RESPECT TO MY INFORMATION?

CoverMyMeds is required by law to maintain the privacy of your Protected Health Information. We are also required to provide you a notice of our legal duties and privacy practices with respect to your Protected Health Information. This Notice is available covermymeds.com.

DOES COVERMYMEDS OFFER MEDICAL ADVICE?

CoverMyMeds does not offer medical advice, does not determine medical necessity, and does not otherwise engage in the practice of medicine. The content accessed through covermymeds.com is for informational purposes only, and it is not intended to address every possible use, direction, precaution, drug interaction, or adverse effect. CoverMyMeds is not a substitute for your physician's professional medical judgment, or for individual patient assessments and examinations. The content of this website should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Reliance on any of the information provided by CoverMyMeds or provided on or by covermymeds.com is solely at the user's own risk. CoverMyMeds does not recommend or endorse any specific products, services, physicians, tests, procedures, opinions, or other information that may be available on this website.

WHO IS RESPONSIBLE FOR THE INFORMATION PROVIDED TO COVERMYMEDS?

While we attempt to make information in CoverMyMeds as complete and accurate as possible, we make no warranties that it is correct, complete or current. Some information available through the website is entered by health care providers or their staff. CoverMyMeds does not review this content for completeness or accuracy nor does CoverMyMeds screen it in any way. You acknowledge and agree that CoverMyMeds is not responsible for any materials or information posted to or otherwise available on covermymeds.com, whether provided by CoverMyMeds, you, or another user. Any reliance on such materials is at your own risk.

You are solely responsible for the accuracy and completeness of any information, form or other document that you submit to CoverMyMeds. You are also responsible for the security of your password and for the use of your account, whether or not such use has been authorized by you. You must immediately notify CoverMyMeds of any unauthorized use of your password or your account by contacting us at privacymatters@covermymeds.com.

WHO OWNS COVERMYMEDS.COM AND USER CONTENT, AND ARE THERE LIMITS OF USE?

Ownership

CoverMyMeds and its licensors, if any, own all proprietary rights to CoverMyMeds, covermymeds.com, and all text, images, data, information, and other content (collectively, "Content"), including all intellectual property rights therein, displayed, available, or appearing on covermymeds.com. The software coding and the look and feel of the service provided by CoverMyMeds are copyrighted by and the property of CoverMyMeds LLC and all rights are reserved by CoverMyMeds. You should assume that everything you see on this website is copyrighted unless otherwise noted and may not be used without permission, except as otherwise provided in these Terms of Service. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from CoverMyMeds.

CoverMyMeds uses certain documents from other companies, including but not limited to forms provided by health care insurers or their business partners. Copyright of these documents is retained by their respective owners, and CoverMyMeds claims no ownership of such material. CoverMyMeds uses such material under fair-use provisions of copyright law.

Provided you are not in default of any of your obligations hereunder, CoverMyMeds gives you a personal, revocable, non-assignable, and non-exclusive license to use covermymeds.com and other services offered by CoverMyMeds. Any reproduction, redistribution, retransmission, or display of the Content available on covermymeds.com, or any portion of such Content, not in accordance with these Terms of Service is expressly prohibited. You agree not to infringe upon any intellectual property rights or remove or modify related proprietary notices contained in this website.

User Content

Except as provided in our Privacy Policy, any information that you submit to this website or to CoverMyMeds ("User Content") will be deemed to be non-confidential and may be disclosed through this website to unknown persons without control by CoverMyMeds, including for browsing, downloading, printing and other uses by such other persons or entities. You agree not to submit User Content to this website or CoverMyMeds except for Content that is fully authorized for purposes of this website and these Terms of Service, and you will not infringe upon any person's intellectual property rights in connection with such submissions. It is your obligation to determine the extent to which User Content you submit is protected by applicable intellectual property laws. You agree that CoverMyMeds shall have, and hereby grant to CoverMyMeds, a worldwide, royalty-free, perpetual, irrevocable, sublicenseable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any User Content that you submit to this website or CoverMyMeds. CoverMyMeds does not endorse any User Content that may appear on this website. Nothing in these Terms of Service shall obligate CoverMyMeds to use any User Content you submit or permit the posting of such Content on this website.

Authorized and Prohibited Uses

Your use of covermymeds.com and of any content accessed through the service must comply with all applicable laws, regulations and ordinances, including, but not limited to, those pertaining to privacy, intellectual property, the export of data or software, coding, billing and payment. When you create, transmit, or display information while using covermymeds.com, you may provide only information that you own or have the right to use and disclose. When you do so, you give CoverMyMeds an irrevocable, perpetual fully-paid and worldwide license to use and distribute it in connection with the CoverMyMeds services.

You may not access covermymeds.com other than through the interfaces we provide, nor may you interfere with or disrupt the proper operation of covermymeds.com. You will only submit User Content and material that is functionally and technically compatible with this website and you will not engage in any conduct or submit to this website any Content or other material that is illegal, inaccurate, misleading, misappropriated, dilutive, defamatory, obscene, offensive, or otherwise objectionable. You will not attempt to and will not damage, corrupt, tamper with or infect this website or any information or telecommunication system of CoverMyMeds with a virus or other malicious computer program. You may not reverse engineer, disassemble, or de-compile any software code or proprietary elements of the covermymeds.com website.

You will only use this website for the permitted purposes stated in these Terms of Service, and will not engage in abusive activity with respect to this website. Without limiting the generality of the foregoing, you agree not to undertake any activity which may adversely affect the use of this website by any person. You are prohibited from using any services provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. Integrating with, automating, "spidering" or "scraping" are all prohibited and are a violation of CoverMyMeds' Terms of Service, and may be illegal. Only human users using the site manually are permitted. If you become involved in any violation of system security, CoverMyMeds reserves the right to release your details to system administrators at other sites and law enforcement authorities in order to assist them in resolving security incidents.

Referencing the covermymeds.com website in an "iframe" or otherwise making it appear that covermymeds.com is part of a third party site is prohibited. We do however encourage linking to covermymeds.com. All such links must be direct links to the top page of the website (www.covermymeds.com) without framing. If CoverMyMeds deems your linking practices to be inappropriate, we may provide you with notice concerning removal or modification of the inappropriate link, and you agree to comply with any and all requirements of CoverMyMeds relating thereto.

Good Samaritan Policy

It is our policy not to tolerate any acts of intellectual property infringement or violations of federal or state law. We will, in good faith, make our best efforts to remove, disable, or restrict access to the availability of Content on the website that, in our subjective view, is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected. This provision does not impose upon CoverMyMeds any contractual obligation to undertake, or refrain from undertaking, any particular course of conduct, or to monitor the website.

If you believe that someone has violated this policy, we ask you to promptly notify us by email at cmmprivacy@covermymeds.com and provide as detailed a description of the alleged violation as possible. You must use this address or phone number if you want to ensure that the complaint is actually received by the appropriate party who is responsible for investigating alleged violations of this policy.

Website Administration

We reserve the right to deny access to any user at any time for any reason. CoverMyMeds may place limits on, modify, suspend or terminate this website at any time without liability or prior notice, and may suspend or terminate your use of CoverMyMeds' services if you fail to comply with these Terms of Service. This suspension or termination may delete your registration, information, files, and other previously available Content. However, backup files containing this information may be stored for purposes of regulatory compliance.

These Terms of Service are subject to change from time to time. CoverMyMeds will endeavor to post a notice of any changes to these Terms of Service for a period of thirty (30) days following any such modifications. Therefore, you are advised to review these Terms of Service occasionally, or at least every thirty (30) days. The most current Terms of Service will always be available at http://www.covermymeds.com/main/tos. You may be prompted to agree to the revised Terms of Service when you first log in after a material change to the agreement is made. In this case, your agreement to the modified Terms of Service will be required for you to continue to use the website.

WHAT ABOUT INDEMNIFICATION?

You will defend or settle at your sole expense any third-party claim against CoverMyMeds or any third party or licensor related to CoverMyMeds arising out of or related to your use of the website or CoverMyMeds' services and you agree to indemnify and hold harmless CoverMyMeds and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms (including attorneys' fees) arising in connection with your use of this website or breach of these Terms of Service.

ARE THERE WARRANTIES TO THE COVERMYMEDS SERVICE?

YOU UNDERSTAND AND AGREE THAT THE COVERMYMEDS SERVICE IS AVAILABLE SOLELY ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER COVERMYMEDS NOR ANY OF COVERMYMEDS' LICENSORS MAKE ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, RESULTS, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER COVERMYMEDS NOR ANY OF COVERMYMEDS' LICENSORS MAKE ANY WARRANTY THAT THE CONTENT OF THE WEBSITE SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. IN NO EVENT SHALL COVERMYMEDS BE LIABLE FOR ANY LOSS OR DAMAGE, DELAY IN PERFORMANCE OR NONPERFORMANCE CAUSED BY EQUIPMENT MALFUNCTION OR BREAKDOWN, NETWORK OR PIPELINE DISRUPTION, SEVERE WEATHER CONDITIONS, INFORMATION UNAVAILABILITY, STRIKES OR OTHER LABOR DISPUTES, RIOTS, FIRE, INSURRECTION, WAR, FAILURE OF CARRIERS, ACCIDENTS, ACTS OF GOD OR ANY OTHER CAUSES BEYOND COVERMYMEDS' CONTROL. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

covermymeds.com is for use only by those who reside in the United States and ARE using a computer located in the United States. NEITHER COVERMYMEDS NOR ANY OF COVERMYMEDS' LICENSORS MAKE ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY. No software may be downloaded or otherwise exported into any countries that are subject to U.S. export/import control restrictions or other national security restrictions.

WHAT ARE THE LIMITS TO YOUR AND COVERMYMEDS' LIABILITY?

IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF COVERMYMEDS' TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES, OR OTHERWISE HAVE A DISPUTE WITH COVERMYMEDS, LLC, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS AGREEMENT AND DISCONTINUE USING THE SITE AND THE SERVICES WE PROVIDE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER COVERMYMEDS NOR ANY OF ITS LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THIS WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH COVERMYMEDS, EVEN IF WE KNOW OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION.   NEITHER YOU NOR COVERMYMEDS OR ANY OF ITS LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN $1,000; PROVIDED, HOWEVER, THAT THE limitations of liability DESCRIBED ABOVE do not apply to breaches of intellectual property provisions or indemnification obligations described in these terms of service.

WHAT ARE THE GENERAL LEGAL TERMS?

These Terms of Service are the entire agreement between you and CoverMyMeds related to CoverMyMeds' services. Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose. The headings contained in these Terms of Service are for convenience of reference only and shall not affect or alter the meaning or effect of any provision hereof.

CoverMyMeds has no obligation to become involved in any dispute between a user of this website and any other person. This website and these Terms of Service shall be governed by and construed in accordance with the laws of the State of Ohio, excluding Ohio's conflict of law rules. THE EXCLUSIVE VENUE FOR ANY DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT OR THIS WEBSITE IS FRANKLIN COUNTY, OHIO. YOU AND COVERMYMEDS CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS.

Nothing in these terms of service limits either party's ability to seek equitable relief.

HOW CAN I ASK QUESTIONS OR CONTACT COVERMYMEDS LLC?

We are happy to address questions about our Terms of Service or this website. Please send us your questions to privacymatters@covermymeds.com. Alternatively you may write to us at:

Privacy Matters

CoverMyMeds LLC
10574 Ravenna Road
Twinsburg, Ohio 44087, U.S.A

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