Last Updated on April 14, 2020
Please read these Terms of Service ("Terms") carefully. These Terms are a binding electronic contract between you and Compliance Reward, LLC ("CR", "Company", "we", "us" or "our") governing the registration and use of our ComplianceReward℠ services as described below ("Service"). By registering for or using the Service via the ComplianceReward℠ mobile application ("Application") or the associated online website www.compliancereward.com ("Website") you agree to be bound by these Terms. These Terms affect your legal rights and obligations, so if you do not agree to these Terms, do not register or use the Service.
NO MEDICAL ADVICE: Neither the Website, the Application, nor the Services should be used for medical problems or conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND CR WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
We may, at our sole discretion, revise these Terms from time to time. The most current version of these Terms will be made available to you on the Website and will be linked to from within the Application. We encourage you to periodically review these Terms. If we make material changes to these Terms, we will notify you on the Website or within the Application or both by posting a conspicuous notice on the Services or by otherwise sending you a notification prior to the effective date of the changes. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you may terminate your account as set forth below.
The Service is a prescription discount program that generates a ComplianceReward℠ card tied to your Account. If you do not have health insurance, you can use your ComplianceReward℠ card for any brand name or generic prescriptions you or a household member pays for out-of-pocket. If you have health insurance coverage, use your ComplianceReward℠ card for any prescriptions that are not covered by your insurance or for savings for your family members not covered by insurance.
The Service is NOT a health insurance policy and is not intended as a substitute for health insurance. The Service allows you to obtain discounts on prescription drugs purchased through participating providers. You are required to pay for all prescription drugs at the time of purchase. To obtain discounts, you will need to present your ComplianceReward℠ card before you pay for any prescription. The range of the discounts will vary depending on the prescription drug and the participating pharmacy. CR does not make payments to any pharmacy or health care provider through the Service.
A listing of participating pharmacies is available at www.compliancereward.com.
The Service is administered by
Compliance Reward, LLC
9001 Airport Freeway,
North Richland Hills, TX 76180
You may cancel your Account or file a complaint regarding the Service at any time by contacting Customer Care at customercare@ComplianceReward.com .
CR may offer the opportunity to participate in an Online Health Initiative Survey, which will request from you certain information on medical and other conditions. Your answers to an online Health Initiative Survey will allow us to send you educational information on certain medical conditions as well as information on additional savings opportunities related to the treatment of those medical conditions. THE ONLINE HEALTH INITIATIVE SURVEY SERVICE PROVIDED THROUGH THE APPLICATION IS DIFFERENT FROM THE DIAGNOSTIC SERVICES TYPICALLY PROVIDED BY A PHYSICIAN AND THE RESULTS SHOULD NOT BE CONSIDERED AS THE ADVICE OF A HEALTH CARE PROFESSIONAL. This service will not have the benefit of information that would be obtained by examining you in person and observing your physical condition. Therefore, the Online Health Initiative Survey results may not take into account particular facts or information that would affect a physician's opinion of your medical condition. In some cases, the facts may be critical to the opinion.
BY DECIDING TO ANSWER ANY ONLINE HEALTH INITIATIVE SURVEY, YOU ACKNOWLEDGE AND AGREE THAT THE ONLINE HEALTH INITIATIVE SURVEY IS NOT INTENDED TO REPLACE A FULL MEDICAL EVALUATION OR A FACE-TO-FACE VISIT WITH A PHYSICIAN. FURTHER, YOU ACKNOWLEDGE AND AGREE TO SOLELY ASSUME THE RISK OF THESE LIMITATIONS AND FURTHER UNDERSTAND THAT NO WARRANTY OR GUARANTEE HAS BEEN MADE TO YOU CONCERNING ANY PARTICULAR RESULT OR CURE OF YOUR CONDITION.
The patient authorizes the use of a third-party application ComplianceReward.com or a licensed white label product developed by Compliance Reward LLC and voluntarily provides patient name, shipping address, date of birth, insurance information, co-pay assistance cards and medications they seek transferred from another pharmacy.
The patient grants explicit permission for CR to share elements of a prescription and health information with dispensing pharmacies and sponsors in order to safely coordinate the delivery and advisories and to receive compliance sponsorship. These elements include medication names, quantity refills, Prescriber name, reimbursement data, current refills, drug information and results of surveys or outreach performed by payer details.
The patient permits CR to contact them in a secure and direct nature about information pertaining to recalls, shortages, proactive patient safety and proper use advisories, notification of refills or the expiration of a prescription, lower cost alternatives and to conduct surveys or confirmation as part of a compliant support program.
The patient acknowledges enrollment in ComplianceReward℠ by CR to establish a bank of "points" provided by CR and various sponsors, to retain a virtual wallet on their behalf to distribute payment to applicable service providers.
For example, a dispensing pharmacy or medical marketplace partner may receive a distribution from the pointe balance in the form of cash where a sponsor allows. CR will keep an accounting of payments made on behalf of member in a year end statement.
In addition to the other restrictions outlined in these Terms, you agree that you will not:
You further agree to abide by any third party terms when posting reviews of CR, the Service, the Website or the Application, including the Apple iTunes App Store Terms of Service.
Compliance Reward, LLC 2019
All rights reserved.
The ComplianceReward℠ logo, and other CR trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of CR or its affiliates (collectively "CR Marks"). Third party trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively "Third-Party Marks"). The CR Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of CR or the applicable trademark holder.
Unless otherwise stated, all materials contained on or within the Service, the Application or the Website that are provided by CR, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, and written and other materials (collectively, "Company 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, CR grants you a limited, nonexclusive, non-sub-licensable license to access and use the Service and Company Materials solely as made available in the Application or Website. This license is revocable at any time as further contemplated by these Terms. You may not:
You may not use Company Materials in any manner except as necessary to use the Services as provided by CR. CR does not grant you any other right or license to use the Company Materials. Unauthorized use of Company 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.
You agree that submission of feedback, suggestions, ideas, or other information or materials regarding CR, the Application, the Website or any other component of the Service that you provide, whether by email or otherwise ("Feedback") is at your own risk and that Company has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to CR a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re- format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sub-license the foregoing rights, in connection with the operation and maintenance of the Service, the Application and the Website.
THE SERVICE, AND COMPANY 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 CR NOR OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, MANAGERS, OFFICERS, AND AGENTS (COLLECTIVELY, THE "CR PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE COMPANY MATERIALS, INCLUDING THE APPLICATION AND WEBSITE; (C) CONTENT OR THIRD PARTY CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO CR OR VIA THE SERVICE. IN ADDITION, THE CR 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 CR PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE, WEBSITE OR APPLICATION WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE CR PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL OR THAT YOU WILL RECEIVE ANY ANTICIPATED SAVINGS. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE CR PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE CR 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 CR 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 CR PARTIES FROM AND AGAINST ANY AND ALL CHARGES, CLAIMS, DAMAGES, LOSSES, COSTS, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYSâ€™ 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 SERVICE; (B) YOUR CONTENT OR ANY CONTENT POSTED, UPLOADED, USED, DISTRIBUTED, STORED, OR OTHERWISE TRANSMITTED THROUGH YOUR ACCOUNT; (C) YOUR VIOLATION OF THESE TERMS; (D) YOUR VIOLATION OF THE RIGHTS OF ANOTHER, INCLUDING WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PRIVACY, OR PROPRIETARY RIGHT; OR (E) YOUR VIOLATION OF ANY STATUTES, CODES, ORDINANCES, LAWS, RULES, REGULATIONS, INCLUDING WITHOUT LIMITATION, ALL REGULATORY, ADMINISTRATIVE, AND LEGISLATIVE AUTHORITIES.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL CR OR THE CR 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 SERVICE; (B) THE PROVISION OF THE SERVICE OR ANY MATERIALS AVAILABLE THEREIN; OR (C) THE CONDUCT OF OTHER USERS OF THE SERVICE, EVEN IF CR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE. YOUR ONLY REMEDY AGAINST CR FOR DISSATISFACTION WITH THE SERVICE OR ANY CONTENT IS TO STOP USING THE SERVICE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL CRâ€™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 SERVICE 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.
Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH CR AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
All claims and disputes between the parties that cannot be resolved informally must 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 partyâ€™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 equitable relief without posting of a bond, proof of damages or other similar requirement.
This Arbitration Agreement applies to you and CR, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Service provided under the Terms.
The arbitration proceeding will be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures before an arbitrator selected by and pursuant to the rules of JAMS. Any final award may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration. Any such arbitration will take place at a location within the United States federal judicial district identified below and will apply the substantive law set forth below. 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 CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION.
The decision of the arbitrator will be a final and binding resolution of the dispute. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1â€“16. Judgment upon the award may be entered in any court having jurisdiction.
This provision will survive the termination of your relationship with CR.
You agree that any claim you may have arising out of or related to your relationship with CR must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
A lawsuit, if any, by you or CR against the other will occur in state or federal court in Texas. You and CR agree that the jurisdiction and venue of these courts is exclusive.
Any dispute between you and CR will be governed by the laws of the State of Arizona and applicable United States law, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms supersede all prior understandings regarding the Services and represent the complete agreement between you and CR. These Terms do not create or confer any third-party beneficiary rights. We may, at our sole discretion, change or modify these Terms at any time. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Service, or updating the "Last Updated" date above. Your continued use of the Service will confirm your acceptance of the updated Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Service. If you do not agree to the revised Terms, you must stop using the Service and delete your CR account.
If you have any other questions or concerns regarding these Terms of Service, please contact us as follows:
Via email at: customercare@ComplianceReward.com
Or by Mail at:
Compliance Reward, LLC
9001 Airport Freeway,
North Richland Hills, TX 76180