TERMS OF USE

Last Modified: September 15, 2023

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Garsantis Inc. (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (these “Terms of Use”), govern your access to and use of www.comparemedsrx.com, including any content, functionality and services offered on or through www.comparemedsrx.com (the “CompareMedsRx Site”) or the Company’s mobile application (the “CompareMedsRx App,” and collectively with the CompareMedsRx Site, the “CompareMedsRx Platform”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the CompareMedsRx Platform. By clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://comparemedsrx.com/terms, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the CompareMedsRx Platform.

The CompareMedsRx Platform is offered and available to users who are 18 years of age or older. By using the CompareMedsRx Platform, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the CompareMedsRx Platform.

The purpose of the CompareMedsRx Platform is to provide you a simple way to access estimates of medication costs for estimating and preliminary planning purposes. To be clear, the CompareMedsRx Platform is not meant to be, and cannot be used as, a substitute for your medical treatment or as an insurance plan. Further, we do not endorse pharmaceutical companies, pharmacies, companies offering discounting pricing for medication or healthcare providers or refer users to pharmaceutical companies, pharmacies, companies offering discounting pricing for medication or healthcare providers but simply provide information about medication costs.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the CompareMedsRx Platform thereafter, unless applicable law requires your affirmative consent, in which case, we will require such affirmative consent the next time you access the CompareMedsRx Platform. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the CompareMedsRx Platform.

Your continued use of the CompareMedsRx Platform following the posting of revised Terms of Use means that you accept and agree to the changes, unless applicable law requires your affirmative consent, in which case, your affirmative consent will mean you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Disclaimer for Use of CompareMedsRx Platform

THE COMPAREMEDSRX PLATFORM (AND THE SERVICES PROVIDED HEREIN) DO NOT PROVIDE MEDICAL ADVICE BUT SOLELY PROVIDE YOU WITH AN OPPORTUNITY TO REVIEW ESTIMATED COSTS FOR MEDICATION PROVIDED BY COMPANIES OFFERING DISCOUNTING PRICING FOR MEDICATION. THE COMPAREMEDSRX PLATFORM AND THE SERVICES THEREIN ARE FOR ESTIMATING AND PRELIMINARY PLANNING PURPOSES ONLY AND ARE NOT A MEDICAL PROVIDER OR AN INSURANCE PLAN. ACCORDINGLY, THE COMPAREMEDSRX PLATFORM SHALL NOT BE USED FOR ACUTE CRISIS MANAGEMENT, REAL TIME MONITORING OR MEDICAL CARE OF ANY KIND.  THE SERVICES ARE ONE COMPONENT OF ESTIMATING/PLANNING FOR AND OBTAINING SERVICES FROM A HEALTHCARE PROVIDER. IT IS SOLELY YOUR RESPONSIBILITY TO MAINTAIN COORDINATED AND/OR DIRECT CHANNELS OF CARE AND COMMUNICATIONS, AND NOT THE COMPANY’S.  THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY HEALTH CARE AND/OR PROFESSIONAL SERVICES THAT YOUR HEALTHCARE PROVIDER PROVIDES TO YOU, INCLUDING ALL PATIENT CARE DECISIONS RESULTING FROM OR INVOLVING THE USE OF THE COMPAREMEDSRX PLATFORM, THE COMPANY’S SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED IN THE COMPAREMEDSRX PLATFORM.  THE COMPANY MAKES NO REPRESENTATIONS CONCERNING THE COMPLETENESS, ACCURACY, OR UTILITY OF ANY DATA YOU OR A THIRD PARTY PROVIDES THROUGH THE COMPAREMEDSRX PLATFORM.  NEITHER YOU NOR ANY OTHER PERSON WILL HAVE ANY CLAIM OR CAUSE OF ACTION AGAINST THE COMPANY AS A RESULT OF ANY PATIENT CARE OR OTHER SERVICES RENDERED OR WITHHELD IN CONNECTION WITH THE USE OF THE COMPAREMEDSRX PLATFORM, THE COMPANY’S SERVICES OR ANY OTHER DATA PROVIDED THROUGH THE COMPAREMEDSRX PLATFORM.

With respect to the provision of the CompareMedsRx Platform and the services provided herein and the protection of your protected health information, you acknowledge and agree that the Company may be acting as a business associate on behalf of a covered entity (with “business associate” and “covered entity” as defined in the administrative simplification provision of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”)) and that it will comply with the business associate agreement entered into separately between the Company and the relevant covered entity. 

Disclaimer for Reliance on Information Posted

THE INFORMATION PRESENTED ON OR THROUGH THE COMPAREMEDSRX PLATFORM IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES AND ESTIMATING AND PRELIMINARY PLANNING PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE COMPAREMEDSRX PLATFORM, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

THE COMPAREMEDSRX PLATFORM MAY INCLUDE CONTENT PROVIDED BY THIRD PARTIES, INCLUDING MATERIALS PROVIDED BY PHARMACIES, PHARMACEUTICAL COMPANIES, COMPANIES OFFERING DISCOUNT PRICING FOR MEDICATION, YOUR EMPLOYER, PROFESSIONAL EMPLOYER ORGANIZATIONS, HEALTHCARE PROVIDERS AND THIRD-PARTIES. ALL STATEMENTS AND/OR OPINIONS EXPRESSED IN THESE MATERIALS, AND ALL OTHER CONTENT, OTHER THAN THE CONTENT PROVIDED BY THE COMPANY, ARE SOLELY THE RESPONSIBILITY OF THE PERSON OR ENTITY PROVIDING THOSE MATERIALS. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTIES.

Changes to the CompareMedsRx Platform

We may update the content on the CompareMedsRx Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the CompareMedsRx Platform may be out of date at any given time, and we are under no obligation to update such material.

Links from the CompareMedsRx Platform

If the CompareMedsRx Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the CompareMedsRx Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the CompareMedsRx Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE COMPAREMEDSRX PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE COMPAREMEDSRX PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE COMPAREMEDSRX PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE COMPAREMEDSRX PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE COMPAREMEDSRX PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE COMPAREMEDSRX PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE COMPAREMEDSRX PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE COMPAREMEDSRX PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE COMPAREMEDSRX PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE COMPAREMEDSRX PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE COMPAREMEDSRX PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE COMPAREMEDSRX PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE COMPAREMEDSRX PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE COMPAREMEDSRX PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Intellectual Property Rights

The CompareMedsRx Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the CompareMedsRx Platform for your personal, non-commercial use only, except as expressly agreed to by the Company. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our CompareMedsRx Platform, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

• Modify copies of any materials from the CompareMedsRx Platform.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the CompareMedsRx Platform or any services or materials available through the CompareMedsRx Platform, except as except as expressly agreed to by the Company. If you copy, modify, download or otherwise use or provide any other person with access to any part of the CompareMedsRx Platform in breach of the Terms of Use, your right to use the CompareMedsRx Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the CompareMedsRx Platform or any content on the CompareMedsRx Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the CompareMedsRx Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name and all related names, trademarks, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the CompareMedsRx Platform are the trademarks of their respective owners.

Prohibited Uses

You may use the CompareMedsRx Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the CompareMedsRx Platform:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the CompareMedsRx Platform, or which, as determined by us, may harm the Company or users of the CompareMedsRx Platform or expose them to liability.

Additionally, you agree not to:

• Use the CompareMedsRx Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the CompareMedsRx Platform, including their ability to engage in real time activities through the CompareMedsRx Platform.
• Use any robot, spider or other automatic device, process or means to access the CompareMedsRx Platform for any purpose, including monitoring or copying any of the material on the CompareMedsRx Platform.
• Use any manual process to monitor or copy any of the material on the CompareMedsRx Platform or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the CompareMedsRx Platform.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the CompareMedsRx Platform, the server on which the CompareMedsRx Platform is stored, or any server, computer or database connected to the CompareMedsRx Platform.
• Attack the CompareMedsRx Platform via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the CompareMedsRx Platform.

Monitoring and Enforcement; Termination

We have the right to:

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the CompareMedsRx Platform.
• Terminate or suspend your access to all or part of the CompareMedsRx Platform for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the CompareMedsRx Platform YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Information About You and Your Visits to the CompareMedsRx Platform

All information we collect on the CompareMedsRx Platform is subject to our Privacy Policy (https://comparemedsrx.com/privacy-policy). By using the CompareMedsRx Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Accessing the CompareMedsRx Platform and Account Security

We reserve the right to withdraw or amend the CompareMedsRx Platform, and any service we provide on the CompareMedsRx Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the CompareMedsRx Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the CompareMedsRx Platform, or the entire CompareMedsRx Platform, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the CompareMedsRx Platform; and
• Complying with these Terms of Use.

To access the CompareMedsRx Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the CompareMedsRx Platform that all the information you provide on the CompareMedsRx Platform is correct, current and complete. You agree that all information you provide to register with the CompareMedsRx Platform or otherwise, including but not limited to through the use of any interactive features on the CompareMedsRx Platform, is governed by our Privacy Policy (located here: https://comparemedsrx.com/privacy-policy), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the CompareMedsRx Platform or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the CompareMedsRx Platform, including, but not limited to, any use of the CompareMedsRx Platform’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the CompareMedsRx Platform.

Governing Law and Jurisdiction

All matters relating to the CompareMedsRx Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the CompareMedsRx Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois in each case located in Chicago, Illinois; although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Garsantis Inc. with respect to the CompareMedsRx Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the CompareMedsRx Platform.

Your Comments and Concerns

This website is operated by Garsantis Inc.

All other feedback, comments, requests for technical support and other communications relating to the CompareMedsRx Platform should be directed to: info@comparemedsrx.com.