Last updated March 6th, 2023
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Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH PRESCRIPTION BLISS 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 Prescription Bliss, 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 Logan County, Ohio, 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 Prescription Bliss.
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 Prescription Bliss that is permissible under this Arbitration Agreement will occur in state or federal court in Logan County, Ohio. You and Prescription Bliss agree that the jurisdiction and venue of these courts is exclusive.
Applicable Law: This Agreement and any Dispute between you and Prescription Bliss will be governed by the laws of the State of Ohio and applicable United States law, exclusive of conflict or choice of law rules.
Prescription Bliss does not seek to enroll clients into PAP programs unless we are confident they are likely to be approved by the participating PAP program. Through years of experience, Prescription Bliss has a very high success rate of obtaining approvals through various PAP programs. We actively partner with hospitals, clinicians, brokers, and employers to help them reduce the overall cost of medications for their patients, clients, and employees. However, Prescription Bliss does not guarantee approval for each PAP program we believe clients may qualify for. Each PAP program independently sets its own eligibility criteria and determines which medications are included in its assistance programs. The medications covered within their programs are subject to change at any time. Prescription Bliss uses commercially reasonable efforts to ensure PAP program applications are accurately completed and submits them to the PAP program but does not actively participate in the determination of eligibility. If you do not receive any medications because you were determined to be ineligible for the patient assistance program and you have a letter of denial, Prescription Bliss will gladly refund the paid monthly service fee less the initial onboarding fee. Prescription Bliss does require a copy of the denial letter sent to you from the corresponding PAP program outlining why you are ineligible. If the PAP program determines you are ineligible, Prescription Bliss will, upon your request, submit an appeal to the PAP program on your behalf at no extra cost.
Third-Party Sites and Services: The Site, the Application, or the Services may link to, or be linked to, websites, features, services, and content not maintained or controlled by Prescription Bliss. Those links are provided as a convenience. Prescription Bliss is not responsible for examining or evaluating the content or accuracy of, and Prescription Bliss 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 Application 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, THE SITE, THE APPLICATION, AND THE SERVICES AND PRESCRIPTION BLISS MATERIALS, TOGETHER WITH THE APPLICATION AND THE WEBSITE, ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER PRESCRIPTION BLISS NOR OUR MEMBERS, SHAREHOLDERS, EMPLOYEES, MANAGERS, OFFICERS, OR AGENTS (COLLECTIVELY, THE “PRESCRIPTION BLISS PARTIES“) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PROGRAM, OR THE SERVICES; (B) PRESCRIPTION BLISS MATERIALS, INCLUDING THE APPLICATION AND SITE; (C) SERVICES CONTENT; (D) THIRD-PARTY CONTENT; OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO PRESCRIPTION BLISS OR VIA THE SERVICES. IN ADDITION, THE PRESCRIPTION BLISS 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 PRESCRIPTION BLISS PARTIES DO NOT REPRESENT OR WARRANT THAT THE PROGRAM, THE SERVICES, SITE, OR APPLICATION WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PROGRAM, THE SERVICES. THE SITE, THE APPLICATION OR ANY SERVER, THE SERVICES. THE SITE, AND THE APPLICATION AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE PRESCRIPTION BLISS PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) FOR THE SERVICES IS ACCURATE, COMPLETE, OR USEFUL OR THAT YOU WILL RECEIVE ANY ANTICIPATED SAVINGS.
PRESCRIPTION BLISS DOES NOT PROVIDE MEDICAL OR PHARMACEUTICAL SERVICES. THE SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR PHARMACEUTICAL ADVICE, DIAGNOSIS, OR TREATMENT.
YOU ACKNOWLEDGE THAT YOUR USE OF THE PROGRAM, THE SERVICES. THE SITE, AND THE APPLICATION IS AT YOUR SOLE RISK. THE PRESCRIPTION BLISS PARTIES DO NOT WARRANT THAT YOUR USE OF THE PROGRAM, THE SERVICES, THE SITE, OR THE APPLICATION IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE PRESCRIPTION BLISS 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 PRESCRIPTION BLISS 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.
BY AGREEING TO THESE TERMS YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE PRESCRIPTION BLISS 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 PROGRAM, THE SERVICES, THE SITE, YOUR ACCOUNT, OR THE APPLICATION; (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 PRESCRIPTION BLISS OR THE PRESCRIPTION BLISS 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 PROGRAM, THE SERVICES, THE SITE, THE APPLICATION, OR ANY CONTENT OF THE PROGRAM OR THE SERVICES; (B) THE PROVISION OF THE PROGRAM, THE SERVICES, THE SITE, THE APPLICATION, OR ANY CONTENT OF THE SERVICES OR ANY MATERIALS AVAILABLE THEREIN; OR (C) THE CONDUCT OF OTHER USERS OF THE PROGRAM, THE SERVICES, THE SITE, THE APPLICATION, OR ANY CONTENT OF THE SERVICES, EVEN IF PRESCRIPTION BLISS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PROGRAM, THE SERVICES, THE SITE, OR THE APPLICATION. YOUR ONLY REMEDY AGAINST PRESCRIPTION BLISS FOR DISSATISFACTION WITH THE PROGRAM, THE SERVICES, THE SITE, OR THE APPLICATION OR ANY CONTENT IS TO STOP USING THE PROGRAM, THE SERVICES, THE SITE, OR THE APPLICATION. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL PRESCRIPTION BLISS’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 PROGRAM, THE SERVICES, THE SITE, OR THE APPLICATION 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.
Unless otherwise stated, all materials contained on or within the Program, the Site, the Application, or the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, and written and other materials (collectively, “Prescription Bliss 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, Prescription Bliss grants you a limited, nonexclusive, non-sub-licensable license to access and use the Program, the Site, the Application, or the Services and Prescription Bliss Materials solely as made available in the Application or Site. This license is revocable at any time as further contemplated by these Terms. You may not:
You may not use Prescription Bliss Materials in any manner except as necessary to use the Program, the Site, the Application, or the Services as provided by Prescription Bliss. Prescription Bliss does not grant you any other right or license to use the Prescription Bliss Materials. Unauthorized use of Prescription Bliss Materials is a violation of these Terms, which may result in the termination of your Account, and may constitute a violation of applicable federal and state laws.