LAST UPDATED: JULY 11, 2023
Terms Of Service
SmithRx’s website, located at https://smithrx.com, together with any content, materials, and services available thereon (collectively, the “Service”), are owned and operated by Smith Health, Inc. (“SmithRx”, “Company”, “we”, or “us”). Please read these Terms of Service (“Terms”) carefully before using the Service. Your access to and use of the Service are conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service. BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT YOU (i) HAVE READ THESE TERMS, (ii) UNDERSTAND THEM, (iii) AGREE TO BE BOUND BY THEM, (iv) ARE AT LEAST 18 YEARS OLD, AND (v) ARE A RESIDENT OF THE UNITED STATES AND ITS TERRITORIES. THESE TERMS ARE A LEGALLY BINDING CONTRACT. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THE SERVICE.
You may need to register to create an account to access all or part of the Service. When you create an account with us, you represent that you are at least 18 years old and that the information you provide to us is accurate, complete, and current. You agree to keep such information accurate, complete, and current at all times by updating your account profile as necessary. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including the restriction of access to your computer and account. You agree to accept responsibility for any and all activities or actions that occur under your account or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account or password. SmithRx is not responsible for any loss or damage resulting from unauthorized use.
The Service and its content, features, and functionality are and will remain the exclusive property of SmithRx and its licensors. Except as otherwise expressly permitted by the Terms, no part of the Service may be reproduced, transmitted, transcribed, stored in a database or other information retrieval system, or translated into any language in any form by any means without the prior written permission of SmithRx. The Service is protected by U.S. and international copyright, trademark, and other applicable laws. All trade names, trademarks, service marks, and logos used as part of the Service (the “Marks”) are the property of SmithRx or our licensors. You may not use the Marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained in the Service should be construed as granting any right to use Marks without the prior written consent of SmithRx.
If you provide to us any feedback, suggestions, testimonials, comments, ideas, ratings, reviews, bug reports, or any similar or related information regarding the Service (“Feedback”), you hereby assign to us all rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide as non-confidential and non-proprietary. If you do not agree with these terms regarding Feedback or want to maintain ownership of any intellectual property rights with respect to any Feedback, your sole option is to not submit Feedback to us.
The Service may refer to certain services, including making available listings, descriptions, and references and links to such services, whether such services are made available by SmithRx or by third parties. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party services. Such references do not imply our endorsement of any service or affiliation with the provider of such service. We make no representations as to the completeness, accuracy, quality, fitness for purpose, timeliness or otherwise of such references (including any features or specifications), and any such information is subject to change at any time without notice. You acknowledge and agree that SmithRx shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods, or services available on or through any third-party services. We strongly advise you to read the terms and conditions and privacy policies of any third-party services that you visit. It is your responsibility to ascertain and obey all applicable laws (including minimum age requirements) regarding the possession, use, and sale of any service. The services may be changed periodically without prior notice.
You agree not to: (i) use or access the Service for any purpose (including any purpose that is fraudulent or otherwise tortious or unlawful) other than the Service’s intended purpose or by using any interface other than the Service’s standard user interface; (ii) use or access the Service in violation of applicable laws, including data privacy laws; (iii) use the Service to send or store infringing, libelous, or otherwise unlawful or tortious material, or to store or submit malicious or harmful code; (iv) intentionally interfere with or disrupt the integrity or performance of the Service or the content contained therein; (v) attempt to gain unauthorized access to the Service or its related systems or networks; (vi) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Service; (vii) frame the Service, make the Service available via in-line links, otherwise display the Service in connection with an unauthorized mark, or do anything that could falsely suggest a relationship between SmithRx and any third party; (viii) harvest or collect information about users of the Service; (ix) engage in unauthorized spidering, “scraping,” data mining, or harvesting of material from the Service, or use any other unauthorized automated means to gather data from or about the Service; or (x) reproduce or distribute any part or parts of the Service without our express prior written permission.
SmithRx reserves the right to terminate your access to the Service if we find, in our sole discretion, that you have used or attempted to use the Service in any way not expressly permitted by the Service, or that you have violated any of these Terms.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, in our sole discretion, with or without cause. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of these Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless SmithRx and its affiliates, suppliers, licensees and licensors, and their respective employees, partners, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney’s fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these Terms, or (c) the information you provide to us through the Service.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMITHRX, NOR ITS AFFILIATES, SUPPLIERS, LICENSEES AND LICENSORS, NOR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, OR OFFICERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF SMITHRX FOR ALL OTHER DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL BE THE GREATER OF (A) THE TOTAL AMOUNT, IF ANY, RECEIVED BY US FROM YOU, AND (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100).
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. While we try to maintain the timeliness, integrity, and security of the Service, we do not guarantee that (a) the Service will function uninterrupted or be available at any particular time or location; (b) any errors or defects will be corrected; or (c) the results of using the Service will meet your requirements. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed by and construed in accordance with the laws of Delaware, United States, without regard to its conflicts of law provisions.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Revised Terms will be effective immediately upon posting or otherwise notifying you. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between SmithRx and you regarding our Service and supersede and replace any prior agreements that might have existed between SmithRx and you regarding the Service.
Text Messaging Program
Participation in the SmithRx Text Messaging Program is entirely optional and you are not required to participate to make a purchase. Once you choose to enroll, the frequency of messages we send may vary, and you may receive multiple messages. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES AND A WAIVER OF YOUR CLASS ACTION RIGHTS.
These messages may include, but are not limited to: notifications regarding prescription drug benefits that may be available to you through the health care plan that SmithRx manages on your behalf.
IF YOU NO LONGER WANT TEXT MESSAGES FROM US, YOU MUST REPLY "STOP" TO THE TEXTING PROGRAM YOU ENROLLED IN.
After you submit a request to unsubscribe, we will send you one final text message to confirm that you have been unsubscribed. After this, no additional text messages will be sent unless you re-activate your enrollment in the text message program. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
Please note, you will continue to receive other text communications for other SmithRx messaging programs you are enrolled in unless you separately opt-out of those messaging programs.
You may text HELP for assistance with any SmithRx Text Messaging Program, or you can get help directly at [support email address or toll-free number].
There is no charge from SmithRx for this service, but your wireless carrier's message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Your wireless carrier is not liable for delayed or undelivered messages.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SMITHRX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE SUBJECT SERVICES OR $100, WHICHEVER IS GREATER.
You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the SmithRx Text Messaging Program and related services will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held at the AAA regional office nearest you; (4) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply Delaware law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, Company retains the right to forward them to the AAA on the your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.