Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will not share your information with any third party outside of our organization.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
Deletion Requests and Opt-Outs
At Scriptcycle, we strive to go above and beyond both legal requirements and consumer expectations when it comes to protecting your data. As part of our commitment, all users nationwide can request deletion of their data as specified in the California Consumer Privacy Act. You can submit a request by visiting https://www.goodrx.com/requestdeletion. Please note that we will need to verify your request before we can fulfill it, including verifying your identity.
The Scriptcycle website has implemented Google Analytics Demographics and Interest reporting. This tool requires that we permit access to cookie identification information and enables us to view demographic and other information aggregated from the overall population of the visitors to our site. The information we receive does not include your name or contact information.
By using this website, you agree to let us use such personal information in order to provide services to you, to run our business (including for the purposes of internal business operations and analytics, to provide, change, market or optimize our services and products) and to communicate and market to you (directly or via third parties).
Children’s Online Privacy Protection Act (“COPPA”)
Our Site is not directed to children under the age of 13. We assume our website is used by adults or minors supervised by a parent or guardian. We respect the privacy of parents and children and are committed to complying with the Children's Online Privacy Protection Act ("COPPA"). On those areas of our Site that ask for age, we do not collect personal information from individuals who identify themselves as under the age of 13 except in those limited circumstances where we believe that such collection is permitted under COPPA.
We may ask prospective users to provide their age during the registration process and on other areas of our Site. If a user indicates that he or she is under the age of 13 then all personal data collected during the registration process is automatically deleted except that we may retain and use limited information, such as the child's email address, for a limited period of time, in those cases where we believe that the collection and use of such information is permitted under COPPA.
If a parent believes that his or her child has provided us with personal information, he or she can contact us via email or postal mail as listed below. We will promptly delete the information upon learning that it relates to a child under the age of 13.
We believe that parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from otherwise disclosing online their name, address and other personal information without parental permission.
California Consumer Privacy Act Privacy Notice
CCPA Privacy Notice
Last Updated: December 4, 2020
Personal Information We May Collect
The following chart shows the categories of personal information that we have collected during the past 12 months, the sources of the information, our purposes/uses of the information, and whether we disclose the information for a business purpose. In the “Sale” of information under CCPA section, we separately describe the commercial purposes for use of personal information.
As a summary, we generally use personal information for the following business purposes.
General Business Operations. We use personal information for our general business operations, such as order fulfillment, customer support, payment processing, and related actions for provision and maintenance of our services. For instance, we may check the price that you receive at the pharmacy against the price that we displayed to you on the website to ensure pricing accuracy. We also may transfer personal information in the context of a merger, acquisition, reorganization, or similar event, such as to a third party that acquire all or substantially all of the assets or stock of Scriptcycle.
Optimize Services. We use personal information to our services and products, such as through our use of analytics. To continue the example provided in the paragraph above, if we see that multiple people are not receiving the displayed website price at the pharmacy, we may stop showing that price while we reach out to the pharmacy or our other partners to figure out why the price is incorrect.
Communication and Marketing. We use personal information to communicate and market to you. For instance, we may send you refill reminders for your prescription, an updated coupon with a better price, or information about a service that we believe you may be interested in.
Auditing Interactions. We use personal information to audit our interactions with you, for instance counting ad impressions (e.g., whether you’ve seen our ads or not), detecting security incidents, protecting against fraud or other malicious activity; and identifying and repairing errors that may arise.
Compliance With Law. We use personal information for compliance with law, court orders, government regulations, and responding to law enforcement requests.
For the table below, the list of examples for each category is intended to be illustrative and not exhaustive. We also may not collect or disclose every example listed (or use every example for each business purpose).
|Categories of Personal Information Collected||Sources of Information||Business Purposes for Collection|
|Identifiers (for example, name, mailing address, zip code, email address, phone number, member ID, online identifiers)||Individuals submitting information. Information automatically collected by us from site. Information we may receive from third party partners, including pharmacies and pharmacy benefit manager (“PBM”), and data partners and marketing partners||
|Categories of personal information described in Section 1798.80(e) (for example, health and medical information, user name and password, credit card information)||
Individuals submitting information
Information we may receive from third party partners, including pharmacies and pharmacy benefit manager (“PBM”), and data partners and marketing partners
|Characteristics of protected classifications (for example, gender)||Individuals submitting information. Information we may receive from third party partners, including pharmacies and pharmacy benefit manager (“PBM”), and data partners and marketing partners||
|Commercial information (for example, prescription prices, health and medical information, pharmacy)||Individuals submitting information. Information automatically collected by us from site. Information we may receive from third party partners, including pharmacies and pharmacy benefit manager (“PBM”), and data partners and marketing partners||
|Internet/electronic activity (for example, interactions with our website or advertisements)||
Information automatically collected by us from site
Information we may receive from third party marketing and data partners
|Geolocation data||Information automatically collected by us from site||
|Inferences from above to create a profile||General analytics||
For all categories of personal information collected above, we disclose data to service providers and third parties to help us accomplish each of the business purposes described above, including data hosting providers, analytics services, security communication platforms, and marketing vendors.
Rights under CCPA
As of January 1, 2020, California residents will have the right:
In order to make a request for access or deletion you may contact us by phone at the toll-free number +1 (888) 328-8544.
In the case of access and deletion, your request must be verifiable before we can fulfill such request. We will ask you or your authorized agent for information that allows us to reasonably verify your identity (that you are the person about whom we collected personal information) and the authorized agent’s identity, respectively. We will only produce prescription-specific data if you can provide us with the related BIN, PCN, group number, and member ID, due to the sensitivity of that information.
“Sale” of information under CCPA / Cookies and Pixels
We do not “sell” your personal information to third parties in exchange for payment. We do use pixel tags and similar technologies from third-party adtech providers to disclose identifiers (e.g., IP address, cookie IDs), internet/electronic activity, and geolocation data for advertising and analytics purposes and we have done so in the previous 12-month period.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information, that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the Web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
34 Wall Street 5th Floor
Asheville, NC 28801
This Agreement was last updated December 4, 2020.
1. Contractual Relationship
If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Scriptcycle may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason, except where prohibited
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH SCRIPTCYCLE ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
If your use of the Services is terminated for any reason, then: (a) these Terms will continue to apply and be binding upon you in respect of your prior use of the Services (and any unauthorized further use of the Services), including your indemnification obligations; and (b) any rights or licenses granted to us under these Terms will survive such termination.
Scriptcycle may amend the Terms from time to time. Amendments will be effective upon Scriptcycle's posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended.
2. Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Scriptcycle on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Scriptcycle, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Scriptcycle by someone else.
Agreement to Binding Arbitration Between You and Scriptcycle.
You and Scriptcycle agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Scriptcycle, and not in a court of law. For the avoidance of doubt, the scope of arbitration includes federal and state statutory and common law claims, including under the consumer protection laws and principles.
You acknowledge and agree that you and Scriptcycle are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Scriptcycle otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Scriptcycle each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Location and Procedure.
Unless you and Scriptcycle otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Scriptcycle submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law.
Scriptcycle will not seek, and hereby waives all rights Scriptcycle may have under applicable law to recover attorneys' fees and expenses if Scriptcycle prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Scriptcycle will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
3. The Services
Prescription discounts and coupons.
Scriptcycle offers prescription discounts and coupons, and prescription pricing information. The prescription discounts and coupons offered via Scriptcycle.com are free.
Scriptcycle prescription discounts and coupons are not insurance. Scriptcycle prescription discounts and coupons can be used instead of, but not in conjunction with insurance. Scriptcycle prescription discounts and coupons are not intended as a substitute for health insurance. The range of the discounts will vary depending on the prescription drug and the participating pharmacy. You are required to pay for all prescription drugs at the time of purchase. Scriptcycle does not make payments to any pharmacy or health care provider. SCRIPTCYCLE PRESCRIPTION DISCOUNTS AND COUPONS DO NOT MEET MINIMUM CREDITABLE COVERAGE REQUIREMENTS UNDER STATE HEALTHCARE COVERAGE REGULATIONS.
Please note that cash payments that you make for medications using Scriptcycle prescription discounts and coupons may not count toward your prescription drug coverage out of pocket costs, but you can confirm that by contacting your coverage provider. If you are a Medicare Part D beneficiary, then cash payments made using Scriptcycle prescription discounts and coupons will not count toward your Medicare Part D cost-sharing obligation. Scriptcycle cannot be combined with federal or state-funded programs like Medicare or Medicaid.
Scriptcycle prescription discounts, coupons and prices shown are based on multiple sources, including published price lists, purchases, claims records, and data provided by pharmacies. Scriptcycle prescription discounts, coupons and prices may change at any time. The prices we show are our best estimate; while we believe our data to be generally accurate, we cannot guarantee that the price we display will exactly match the price you receive at the participating pharmacy. For an exact price, please contact the participating pharmacy. Scriptcycle prescription discounts, coupons and prices may change at any time.
Access to Information.
Most prescriptions purchased in the Unites States, including prescriptions filled through the use of discount coupons, loyalty cards or insurance co-pays, result in the pharmacy reporting patient data back to the company that provides the benefit (“Claims Data”). Scriptcycle uses and stores this Claims Data linked to the information you provide when using the Services (including without limitation your name, email address, prescription names and your address) to provide you with targeted coupons and discounts on prescriptions through your Account.
You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. Scriptcycle fully honors patient freedom of choice, and if you receive a prescription for a medication, you always have the option to instruct Scriptcycle to transmit that prescription to the pharmacy of your choice.
Restrictions on Use.
You agree not to use the Services in a way that is, in Scriptcycle's discretion, harmful to minors in any way or violates any applicable law, regulation, obligation or other similar restrictions imposed by a government. You also agree not to violate any community requirements posted by Scriptcycle from time to time, remove any copyright, trademark or other proprietary notices from any portion of the Services (including any discount coupons or other content sent to you), cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means. You shall promptly notify Scriptcycle if you learn of any security breach related to the Services.
You agree that any prescriptions or pharmaceutical products that you acquire or obtain through the Services will be solely for your (or your family member’s or dependent’s, as applicable to whom the prescription is written for) personal use. Scriptcycle may cancel, suspend, or terminate your access to the Services at any time and for any reason, including any violation of these Terms.
Not Medical Advice.
The contents of the Services are for informational purposes only. The content does not provide medical advice and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health professionals or providers with any questions you may have regarding a medical condition or medicine. Never disregard professional medical advice or delay in seeking it because of the Services.
Scriptcycle does not recommend or endorse any specific prescription drug or pharmacy that may be mentioned in relation to the Services. Reliance on any information provided by Scriptcycle or the Services is solely at your own risk.
If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.
The Services are "As Is."
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SCRIPTCYCLE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS. SCRIPTCYCLE DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SOFTWARE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SCRIPTCYCLE SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA.
Scriptcycle is not obligated to provide any maintenance, technical or other support for the Service.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Scriptcycle does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
4. Eligible Users
The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Scriptcycle and meet all of the foregoing eligibility requirements.
The Services are offered and available to users who reside in the United States or any of its territories or possessions.
If you do not meet all of these requirements, you must not access or use the Services.
Scriptcycle Limited License to You.
Subject to your compliance with these Terms, Scriptcycle grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Scriptcycle websites solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Scriptcycle and Scriptcycle's licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Scriptcycle; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third Party Services and Content.
The Services may link you to other websites and services on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other third parties. These websites and services may contain information or material that some people may find inappropriate or offensive. These other websites, services and parties are not under Scriptcycle's control, and you acknowledge that Scriptcycle and its Affiliates are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the materials or substance of such websites and services, nor are Scriptcycle or its Affiliates responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either express or implied.
Copyright © 2020 Scriptcycle, LLC. All Rights Reserved.
The following are registered trademarks or service marks of Scriptcycle or its Affiliates: Scriptcycle. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Scriptcycle or its Affiliates. All other trademarks or service marks are property of their respective owners. The Services and all rights therein are and shall remain Scriptcycle's property or the property of Scriptcycle's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Scriptcycle's company names, logos, product and service names, trademarks or services marks or those of Scriptcycle's licensors. By accepting these Terms, you acknowledge and agree that all content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Scriptcycle and/or its Affiliates. You are only permitted to use the content as expressly authorized by Scriptcycle or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content in any form or by any means without prior written permission from Scriptcycle or the specific content provider, and you are solely responsible for obtaining permission before reusing any content. Any unauthorized use of content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither Scriptcycle nor its Affiliates warrant or represent that your use of content will not infringe the rights of third parties.
6. Disclaimers; Limitation of Liability; Indemnity.
ALL CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SCRIPTCYCLE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SCRIPTCYCLE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, ACCURACY, TIMELINESS, QUALITY, SECURITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SCRIPTCYCLE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
INFORMATION AVAILABLE THROUGH THE SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED THEREIN TO STOP PROVIDING MAIL DELIVERY SERVICES, AND TO SWITCH OUR ASSOCIATED THIRD PARTY CONTRACTORS AND VENDORS, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICES OR THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Services, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. SCRIPTCYCLE MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, CONTENT, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICES OR THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY SCRIPTCYCLE OR ITS AFFILIATES.
Content available through the Services often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with Scriptcycle. Scriptcycle does not endorse, nor is it responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Scriptcycle, LLC spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms.
You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the Services are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY THE PHARMACIES LISTED ON THE SITE MAY BE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY THE PHARMACY OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH OUR SITE MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. SCRIPTCYCLE DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO THE PRODUCTS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
SCRIPTCYCLE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF SCRIPTCYCLE, EVEN IF SCRIPTCYCLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SCRIPTCYCLE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF SCRIPTCYCLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SCRIPTCYCLE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SCRIPTCYCLE'S REASONABLE CONTROL.
THE SERVICES MAY BE USED BY YOU TO ACCESS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT SCRIPTCYCLE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS. FURTHER, SCRIPTCYCLE SHALL NOT BE LIABLE IN ANY WAY FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF MEMBERSHIP FEES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR LINKED WEBSITES IS TO STOP USING THE SITE OR THOSE SERVICES OR PRODUCTS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SCRIPTCYCLE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON SCRIPTCYCLE’S CHOICE OF LAW PROVISION SET FORTH BELOW. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF SCRIPTCYCLE TO YOU WITH RESPECT TO YOUR USE OF THE SERVICES IS $50 (FIFTY DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
You agree to indemnify and hold Scriptcycle and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Scriptcycle's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers. Scriptcycle reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Scriptcycle in asserting any available defenses.
7. Other Provisions
Choice of Law.
These Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Californians to assert claims under California law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of California law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending California law to you if you do not otherwise reside in California. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrable disputes as defined therein. Instead, as described in Section 2, the Federal Arbitration Act shall apply to any such disputes.
Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe their rights under US copyright law have been infringed. If you believe in good faith that materials hosted by us infringe your copyright (for example, materials posted by a user on one of our forums), you or your agent can send us a notice requesting that the material be removed or access to it blocked. In the event the site allows you to upload copyrighted material, these Terms apply.
If you believe your copyright-protected work has been posted on the site or in conjunction with Service in a way that constitutes copyright infringement (please consult an attorney to better understand your rights and obligations under Section 512(c) of the Copyright Act and other laws), please contact our DMCA Agent with a notice containing the following information:
If you believe material that you have posted to the Services has been improperly taken down, you may file a written counter-notice with our DMCA Agent. Please include the following details:
DMCA notices must meet current statutory requirements imposed by the DMCA.
Please send DMCA notices to our DMCA Agent at the following address or by email (subject line “DMCA Communication”): DMCA Agent, Scriptcycle, LLC, 34 Wall Street 5th Floor, Asheville, NC 28801.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake, may be subject to liability. Please also be advised that we enforce a policy of terminating the accounts of repeat infringers (i.e., users who have made two or more postings for which we receive a notice of infringement).
Scriptcycle’s DMCA Agent should be contacted only for the purposes set forth in this Section. NON-DMCA INQUIRIES DIRECTED TO SCRIPTCYCLE’S DMCA AGENT WILL NOT BE ANSWERED. MISUSE OF THE DMCA CAN SUBJECT YOU TO LIABILITY.
Scriptcycle may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your Account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Scriptcycle, with such notice deemed given when received by Scriptcycle, at any time by first class mail or pre-paid post to Scriptcycle, LLC, 34 Wall Street 5th Floor Asheville, NC 28801 or by email sent to the attention of Customer Service at email@example.com.
Except as expressly provided herein, these Terms, any supplemental terms, and the Privacy Policies referenced herein constitute the entire agreement between you and Scriptcycle with respect to the use of the site and Services.
You may not assign these Terms without Scriptcycle's prior written approval. Scriptcycle may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Scriptcycle's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Scriptcycle or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Scriptcycle's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Scriptcycle in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms. Please contact us at firstname.lastname@example.org with any questions regarding these Terms.