1. ACCEPTANCE OF THE TERMS AND CONDITIONS
Please read these terms and conditions and conditions carefully before accessing, using or obtaining any materials, information, or services. By accessing the Kinney Drugs Marketplace website, ("Website"), you agree to be bound by these terms and conditions ("Terms") and our privacy policy. If you do not accept all of these Terms, then you may not use the Website. The Kinney Drugs Marketplace website is powered by RxSense LLC. In these Terms, "we", "us", "our" and "RxSense" refers to RxSense LLC, and "you" and "your" refers to you, the user of the Website.
THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1.1 DISPUTE RESOLUTION
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND RXSENSE OR ITS SUPPLIERS OR VENDORS, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT RXSENSE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as amended by these terms. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief, or relief providing for specific performance of these terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.With the exception of any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this Dispute Resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply. If a court decides that any aspect of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this Dispute Resolution provision shall be null and void. The remainder of these Terms will continue to apply and be unaffected by this severability provision.
2. MODIFICATIONS TO THESE TERMS
We may modify these Terms for any reason-at any time-by posting a new version on the Website; these changes do not affect rights and obligations that arose prior to such changes. Your continued use of the Website following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with the Website in any way, your only recourse is to immediately terminate use of the Website.
3. WE ARE NOT A PRESCRIPTION DISCOUNT CARD OPERATOR
The Kinney Drugs Marketplace Website is a prescription discount card search engine. Kinney Drugs does not provide, own or control any of the services (the “Prescription Discount Card Services”) that you can access through the Website. The Prescription Discount Card Services are owned, controlled or made available by third parties (the "Prescription Discount Card Operators") directly. The terms & conditions of the Prescription Discount Card Operators apply to your use of the Prescription Discount Card Services so you must agree to and understand those terms.
SingleCare Terms and Conditions: https://www.singlecare.com/terms-and-conditions
Your interaction with any Prescription Discount Card Operator accessed through the Website is at your own risk; RxSense does not bear any responsibility should anything go wrong with your Prescription Discount Card Service.
The display on the Website of a Prescription Discount Card Operator does not-in any way-imply, suggest, or constitute a recommendation by RxSense of that Prescription Discount Card Service or Operator, or any sponsorship or approval of RxSense by such Prescription Discount Card Operator.
RxSense hosts content, including prices, made available by or obtained from Prescription Discount Card Operators. RxSense is in no way responsible for the accuracy, timeliness or completeness of such content. Since RxSense has no control over the prescription discount services and does not verify the content uploaded by the Prescription Discount Card Operators, it is not possible for us to guarantee the prices displayed on the Website. If you have any issues or disputes with a Prescription Discount Card Service, you agree to address and resolve these with the Prescription Discount Card Operator directly.
4. INTELLECTUAL PROPERTY
We, along with our corporate affiliates, the Prescription Discount Card Operators and other licensors, own all of the text, images, software, trademarks, service marks and other material contained on the Website. Other product, service, or company designations on the Website belong to those respective third parties and may be mentioned in the Website for identification purposes only. The use of logos or trademarks on the Website that belong to any third parties should not be construed as an affiliation, endorsement or sponsorship. Your use of and access to the Website does not grant you any license or right to use any of the marks included on the Website.
Copying, publishing, broadcasting, re-broadcasting, webcasting, transmitting, modifying, deleting, augmenting, distributing, downloading, storing, reproducing, sublicensing, adapting, creating derivative works of any content available through the Website, 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 RxSense is strictly prohibited. You hereby agree not to reproduce, duplicate, copy, sell, resell, decompile, disassemble, or exploit for any purpose other than for your personal, non-commercial use the Website (including any portion thereof) or the use (including any access to) thereof, or to collect any information about Website visitors, or otherwise systematically download and store the Website content. The use of logos or trademarks on the Website that belong to any third parties should not be construed as an affiliation, endorsement or sponsorship.
5. USE OF THE WEBSITE
You agree to use the Website only for lawful purposes. You agree not to interrupt or attempt to interrupt the operation of the Website in any way. Any conduct by you that, in our sole discretion, restricts, inhibits, or interferes with the ability of any other user to enjoy the Website (including by means of hacking or defacing any portion of the Website, or by engaging in spamming, flooding, or other disruptive activities, including with respect to the servers or networks used to make the Website available) is prohibited. You are strictly prohibited from communicating on or through the Website any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. We reserve the right to terminate or suspend your use of (including any access to) the Website, or parts of the Website, without notice, if we believe, in our sole discretion, that it is in violation of these terms, our requirements, or any applicable law, or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or any other third party, including any of our partners, affiliates, sponsors, providers, licensors, or merchants.
You must not post, transmit, or otherwise make available through or in connection with the Website any virus or other computer code, file, or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
You agree to provide true, accurate, current, and complete information in connection with the Website. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to refuse any and all current and future use of the Website without notice.
You must respond promptly to all email and other correspondence, including without limitation email and correspondence concerning complaints or concerns regarding your use of the Website. You are responsible for obtaining, maintaining, and paying for all hardware, software, and all telecommunications and other services needed for you to use the Website.
6. TERMINATION
If you no longer agree to be bound by these Terms, or breach any provision of these Terms, you may no longer use the Website, including any access thereto. Your use of the Website is at your sole risk. If you are dissatisfied with the Website, its content, or any of the terms, conditions, and policies of these Terms, your sole and exclusive legal remedy is to discontinue use of the Website. If your use of the Website 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 Website (and any unauthorized further use of the Website), including your indemnification obligations; and (b) any rights or licenses granted to us under these Terms will survive such termination.
7. DISCLAIMER OF WARRANTIES
The prescription discount information and content posted on the Website is for informational purposes only and is subject to change at any time without notice. RxSense cannot guarantee the accuracy of such information and recommends checking with the Prescription Discount Card Operator directly to confirm the discounts presented on the Website before making any final purchasing decision. RxSense makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Website in terms of its correctness, accuracy, reliability or otherwise.
YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE WEBSITE, 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. In addition, we are not obligated to provide any maintenance, technical or other support for the Website. We reserve the sole right to either modify or discontinue the Website, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current Website shall also be subject to these Terms.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL RXSENSE OR ITS SUPPLIERS OR VENDORS, OR ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUPPLIERS, VENDORS, LICENSORS, CO-BRANDERS, OR PARTNERS (COLLECTIVELY, “RXSENSE PARTIES”) 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 WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, ANY DEFECTS IN THE WEBSITE, OR WITH THE PROVISION OF, OR FAILURE TO MAKE AVAILABLE, ANY INFORMATION, FEATURES, PRODUCTS, MATERIALS, OR OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF THE RXSENSE PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED $25.00.
9. INDEMNIFICATION
BY AGREEING TO THESE TERMS YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD RXSENSE 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 WEBSITE; (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.
10. NOTICES
All notices to a party shall be in writing and shall be made either via email or U.S Mail. Notices to us must be sent to the attention of RxSense LLC Legal Department at legalnotices@rxsense.com if by email, or at 99 High Street, FL 28, Boston, MA 02110, if by U.S. Mail. Notices to you may be sent to the email or home address supplied by you (when applicable). In addition, we may broadcast notices or messages through the Website to inform you of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
11. GOVERNING LAW
These Terms, your use of the Website, and all related matters, regardless of your location, are governed solely by, and construed solely in accordance with, the laws of the United States (including federal arbitration law) and the State of New York, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. These Terms will not be governed by the U.N. Convention on Contracts for the International Sale of Goods.
12. MISCELLANEOUS
Our failure to insist upon strict performance of any provision of these Terms shall not be construed as an implicit waiver of any provision or right.
If any part of these Terms is ruled to be unenforceable, then such part shall be severed, with the remainder of these terms remaining in full force and effect. These Terms constitutes the entire agreement between you and RxSense governing your use of the Website (inclusive of the other policies referenced in these Terms). You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these terms without restriction.
E-mail: rxsavingstrain@rxsense.com
Phone Number: 1-888-512-0290