TextRx Terms and Conditions

These Terms and Conditions (collectively, the Terms) constitute a legal agreement between you and TextRx and its affiliates, including TranspareRx (“us,” “our,” or “we”). In order to use the TextRx Service and the associated App (the App) or Website (the Site), you must agree to these Terms. By using or receiving the TextRx Service supplied to you by us and the pharmacies participating in the TextRx Service, and by downloading, installing, or using any associated application supplied by us to enable you to use the TextRx Service, you hereby expressly acknowledge and agree to be bound by these Terms, and any future amendments and additions to these Terms as published from time to time on this website or through the TextRx Service.

Modification of Terms

TextRx may, at any time and without notice, amend these Terms, or may limit or deny access to, or change the content of, the Site and App. You should periodically visit this page to review the current Terms to which you are bound.

Terms of Use

The Services are offered and available to users who are 18 years of age or older and reside in the United States. By using TextRx Services, you represent and warrant that you are of legal age to form a binding contract with TextRx and meet all the foregoing eligibility requirements. If you do not meet all requirements, you cannot use the Services.

TextRx Services

The Services offered by TextRx are not intended to diagnose or treat medical problems or conditions. If you have a medical problem or condition, please contact your preferred qualified health care professional, or, in the case of a medical emergency, please call 911 or other emergency medical help immediately.
 

TextRx provides access to third-party prescription discounts and manufacturer savings cards and prescription pricing information.
 

Customers must affirmatively select and present a third-party discount or manufacturer savings card in the pharmacy to access the lower price, which may be lower than Walgreens' retail price or the price charged to customers paying with insurance. Third-party discount and manufacturer savings cards are NOT insurance. Any drug-specific exclusions are determined by each card vendor and not Walgreens. See vendor site for specific terms and conditions of that third-party discount or manufacturer savings card.
 

Please note that payments made for medications using TextRx prescription discounts and coupons may not count toward your prescription drug coverage out-of-pocket requirements, but you can confirm that by contacting your coverage provider. If you are a Medicare Part D beneficiary, cash payments made using TextRx prescription discounts and coupons will not count toward your Medicare Part D cost-sharing obligation. TextRx cannot be combined with other federal or state-funded programs like Medicare or Medicaid.
 

TextRx prescription discounts, coupons, and prices shown are based on multiple sources, including published price lists, purchases, claims records, and pharmacy-provided data. TextRx prescription discounts 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 exact prices, please contact the participating pharmacy.

Manufacturer Programs

If you choose to provide us with information to determine your eligibility for and to enroll in a pharmaceutical manufacturer’s copay card program, we do not control, operate, or endorse in any respect information, products, or services provided by such third parties and in no event is TextRx liable for any products or services of such third-party providers, including pharmaceutical products.

Participation in Third-Party Promotions

From time to time, TextRx may include advertisements offered by third parties. You may participate in promotions from the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between you and the advertiser. We will not assume liability, obligation, or responsibility for any part of any such correspondence or promotion.

Termination

If you no longer agree to be bound by these Terms, or breach any provision of these Terms, you may no longer utilize TextRx Services. If you are dissatisfied with the services, its content, or any of the Terms, conditions, and policies of these Terms, your remedy is to discontinue use of the TextRx Services. If your use of the services is terminated for any reason, then these terms will continue to apply and be binding upon you in respect of your prior use of the services.

Protected Health Information

By using TextRx, you acknowledge and agree that information related to the prescriptions you obtain using the TextRx Services will be collected from participating pharmacies. You acknowledge and agree that the information received by participating pharmacies and subsequently disclosed to TextRx will be used for the administration of the TextRx Prescription Drug Discount Program. TextRx does not sell such information to any third parties. TextRx itself is not a Covered Entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). However, some of the information received from health care providers, health plans, or health care clearinghouses (collectively, Covered Entities) is information that may constitute protected health information (PHI) under HIPAA, which is information created or received by a health care provider, health plan, or health care clearinghouse relating to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual that identifies or can be used to identify an individual. Under HIPAA, TextRx will keep confidential and safeguard any PHI received or collected, and not disclose PHI except as set forth herein.

Proprietary Rights

All rights reserved. No title, rights, or interests in any content or other materials made available by the Services are afforded to you; to the extent that you are authorized to download any such materials via the Services, any such downloaded materials will be for your own personal, non-commercial use only.
 

TextRx (and its suppliers and vendors) owns the services and all the content on the Site and App. TextRx’s trademarks and copyrights may not be used in connection with any products or services that are not offered by or on behalf of TextRx, or in any manner that is likely to cause confusion or otherwise violate our rights. You acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed.
 

Copying, publishing, broadcasting, rebroadcasting, webcasting, transmitting, modifying, deleting, augmenting, distributing, downloading, storing, reproducing, sublicensing, adapting, creating derivative works of any content available through the Services, or posting or otherwise making available such content (including selected portions of this content) in any manner on any network computer, broadcast media, or other technologies existing now or hereinafter developed for unauthorized publication or commercial use without the prior written consent of TextRx is not permitted.

Network Access and Devices

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 TextRx services and any necessary updates to the Service. TextRx does not guarantee that the Services or any portion of TextRx will function on all hardware or devices. Additionally, TextRx may be subject to malfunctions and delays due to the use of the internet and other forms of electronic communication.

Messaging Services

TextRx may allow users to request and receive pricing information, coupons, and marketing messages via electronic communications, including but not limited to text messaging, mobile phone messaging or notifications, and email. By providing us with your contact information, you are consenting to receive pricing information, coupons, and marketing messages from TextRx, including communications containing information about your prescription and medical information. You acknowledge that there may be some risk that the information in the communication(s) could be read by a third party. TextRx provides no warranty for any of the pricing data or other information provided to you via such communication(s).

Consent to Receive Text Messages and Emails

You agree that TextRx may contact you by mobile phone, telephone (including by an automatic telephone dialing system), and/or email at any of the phone numbers and/or email addresses provided by you. Should you send TextRx an SMS message or email, such message constitutes your prior agreement to receive the messages you request in response to that SMS device or email. You understand that you are not required to provide this consent as a condition of purchasing any property, goods, or services. You also understand that you may opt out of receiving marketing text messages or emails from TextRx at any time.

Linked Websites

Our website may contain hyperlinks that allow you to connect to other websites. If you click on a hyperlink that transfers you to a new website, you have left our website and these terms will not apply to the linked website. Your remedy for dissatisfaction with the linked website is to stop using the linked website.

Disclaimers

The discount information and content posted is for informational purposes only and is subject to change at any time without notice. TextRx uses its best efforts to provide updated and accurate data, but TextRx cannot guarantee the accuracy of such information and recommends checking directly with your pharmacy to confirm the prices presented on the Site and App before making a final purchasing decision. TextRx cannot guarantee that discounts on the Site and App will be less than a pharmacy’s usual and customary pricing for drugs. TextRx makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Site and App in terms of its correctness, accuracy, reliability, or otherwise.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL TEXTRX OR ITS SUPPLIERS OR VENDORS, OR ITS RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUPPLIERS, VENDORS, LICENSORS, CO-BRANDERS, OR PARTNERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, OPERATION, OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, ANY DEFECTS IN THE SERVICES, OR WITH THE PROVISION OF, OR FAILURE TO MAKE AVAILABLE, ANY INFORMATION, FEATURES, PRODUCTS, MATERIALS, OR OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF THE TEXTRX PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED $25.00.

Indemnification

BY AGREEING TO THESE TERMS, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD TEXTRX HARMLESS 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 SERVICES; (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.

Governing Law

These Terms, your use of the Services, all transactions through the Services, and all related matters, regardless of your location, are governed solely by and construed solely in accordance with the laws of the United States.

Dispute Resolution: Agreement to Arbitrate and Class Action Waiver

This Provision allows us to promptly and efficiently resolve any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort—including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence—or any other legal or equitable theory), and includes the validity, enforceability, or scope of this Provision (except for the enforceability of the Class Action Waiver clause below) that may arise between You and Us. Effectively, "dispute" is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to You (such as Our licensors, suppliers, dealers, or third-party vendors) whenever You also assert claims against Us in the same proceeding.
 

By accepting these Terms and Conditions, you agree that you are waiving the right to trial by jury and that any and all disputes that you or TranspareRx have relating in any way to the Services, these Terms and Conditions, and the Privacy Policy will be submitted to confidential, binding arbitration in the Northern District of Illinois except to the extent that you have violated or threatened to violate any company intellectual property right. Examples of disputes related to our Services can include, without limitation: your interaction with TranspareRx, our data, our advertisements and disclosures, and the use or disclosure of any information about you.
 

If you intend to seek arbitration, you are required to send TranspareRx, a written Notice of Dispute (“Notice”) by email to mlowe@transparerx.com . The Notice shall describe the basis and nature of the claim or disputes, as well as the specific relief you seek. If you and TranspareRx cannot agree to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration. All arbitrations will be conducted under the Commercial Arbitration rules of the American Arbitration Association (AAA). You can access the Commercial Rules at https://www.adr.org/Rules or by calling +1 800-778-7879. You and TranspareRx shall endeavor to agree upon the arbitrator, and if you and TextRx fail to do so within twenty-one (21) days of the commencement of the arbitration, the appointment shall be made by the AAA in accordance with the Commercial Rules. The language of the arbitration shall be English.
 

YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO ARBITRATION YOU COMMENCE HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY CLAIMS BY ANY OTHER PERSONS. Each party shall bear its own arbitration filing fees.
 

The arbitrator shall issue a reasoned award and shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.
 

The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.
 

No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law (other than to legal or professional advisors, witnesses, or experts acting pursuant to a duty of confidentiality). Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than legal or professional advisors, witnesses or experts acting pursuant to a duty of confidentiality), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed or kept confidential to the extent permitted by law.
 

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

Notices and counter-notices must be sent in writing to TextRx as follows:
Legal Department
Mail: 12250 Tamiami Trail E., Suite 310
Naples, Florida 34113
Email: dharrell@transparerx.com

General Terms

A. Rights Under These Terms and Conditions
 

The rights and obligations under these Terms and Conditions are between you and TextRx. No other person shall have any rights to enforce these Terms and Conditions.
 

B. Entire Agreement
 

These Terms and Conditions, together with our Privacy Policy, set forth the entire understanding and agreement between you and TextRx as to the subject matter hereof and supersede all prior proposals, discussions, or agreements (oral and written) with respect to such subject matter. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to antecedent, subsequent, or similar breaches.
 

C. Force Majeure
 

We will not be deemed to be in breach of these Terms and Conditions or liable for any breach of these Terms and Conditions or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, ransomware or other cyber attacks causing an interruption of the Services, electrical shortages or other infrastructure failures, earthquakes or floods, civil disorder, strikes, fire, pandemics/epidemics, or other disaster.
 

D. Transfer of Rights
 

We may transfer our rights and obligations under these Terms and Conditions to one of our affiliated legal entities or to a third party with whom we have a legal relationship. We will endeavor to ensure that the transfer of these rights and obligations will not affect your rights under these Terms and Conditions. You may only transfer your rights or obligations under these Terms and Conditions if we agree in writing. To notify us of a request to transfer your rights and obligations under this agreement to another person, please contact mlowe@TextRx.com.
 

E. Severability
 

Each Section of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.