THE INFORMATION PROVIDED ON THE SERVICE DOES NOT CONSTITUTE FINANCIAL, LEGAL, OR MEDICAL ADVICE. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR ADVICE TAILORED TO YOUR SITUATION. MEDICAL AND HEALTH INFORMATION IS PROVIDED FOR GENERAL EDUCATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE. THE SERVICE DOES NOT ADDRESS ALL POSSIBLE USES, ACTIONS, PRECAUTIONS, SIDE EFFECTS, OR INTERACTIONS OF DRUGS, AND IT DOES NOT PROVIDE COMPREHENSIVE INFORMATION ABOUT ANY PARTICULAR DISEASE OR MEDICAL CONDITION. CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTH PROFESSIONAL REGARDING ANY PARTICULAR DRUG, DEVICE, HERB, VITAMIN, SUPPLEMENT, DISEASE, OR MEDICAL CONDITION.
- Medicare Part D.
- Information Collection.
- Jurisdictional Issues.
The Service is controlled and operated from the United States and is not intended to subject us to any non-U.S. jurisdiction or law. The Service may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose.
- Your Conduct and Obligations.
Furthermore, when you use the Service, you will not:
- Post, send, or use any virus or other computer code, file, or program that may be harmful to the Service or to our systems or property.
- Use the Service for any commercial (rather than personal) purpose.
- Use the Service in a way that is fraudulent or that otherwise violates the law.
- Collect information about other users.
- Interfere with the operation of the Service.
- Prevent any person from using the Service.
- Try to take apart the Service or any part of it, except where the law does not allow us to prohibit you from doing so.
- Remove any copyright, trademark, or other notice of ownership from the Service. These notices include, for example: ®, ™, and ©.
- Include any part of the Service in any product or service.
- Systematically download and store Service content.
- Use any robot, spider, site search/retrieval application, or other device to “scrape” or otherwise collect Service content, or copy or seek to get around the navigational structure or presentation of the Service.
You are responsible for obtaining and paying for the devices, Internet connection, and any other equipment or services you need to use the Service.
- Your User Name and Password.
You may need to register to use the Service. We may reject, or require that you change, any user name, password, or other information that you give us when you register. Your user name and password are for your own use only, and you should not share them with any other person. We are not responsible for any use of your user name or password that is caused by your failure to keep such information confidential. You must tell us right away if you learn of any use of your user name or password by another person.
We may make available the ability to make a premium or other payment through the Service (a "Transaction"). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date and your billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. We reserve the right, including without prior notice, to bar any user from making any Transaction. Refunds will be subject to our applicable policies. You agree to pay all charges incurred by you or on your behalf through the Service, at the prices in effect when such charges are incurred. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm Transactions by e-mail, the receipt of an e-mail confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell.
- Your Feedback.
If you provide to us any ideas, proposals, suggestions, or other materials, whether related to the Service or not, you agree that such feedback from you is not confidential, and that you give it to us for free, unsolicited, and without restriction or obligation on us.
- Our Ownership Rights.
We and our suppliers own the Service, which is protected by certain rights and laws. Our trade names, trademarks, and service marks include SilverScript and any associated logos (we refer to all of these as "Our Marks"). All other trade names, trademarks, service marks and logos on the Service are owned by other persons or companies. You may not use Our Marks in connection with any product or service that is not ours or in a way that may cause confusion about who owns Our Marks.
- Links to Other Websites.
- DISCLAIMER OF WARRANTIES.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SERVICE IS MADE AVAILABLE TO YOU “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE SECURE; THAT ANY USER NAME, PASSWORD, OR OTHER SECURITY MEASURE THAT YOU USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SERVICE WILL PREVENT UNAUTHORIZED ACCESS TO YOUR SERVICE ACCOUNT OR RELATED INFORMATION; OR THAT YOUR SERVICE ACCOUNT OR RELATED INFORMATION WILL NOT BE ACCESSED OR MISUSED BY ANY THIRD PARTY.
We try to keep the Service functioning at all times, but we cannot guarantee that it will always be available, updated, complete, correct, or secure. Also, other persons may change the Service without our permission. If you see any such changes, please contact us.
- LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA OR LOSS OF OTHER INTANGIBLES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY PARTIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE. YOUR ONLY REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO USE THE SERVICE; AND (B) TWENTY-FIVE UNITED STATES DOLLARS ($25).
NEITHER THE COMPANY PARTIES NOR THEIR SUPPLIERS OR VENDORS GUARANTEE THE SEQUENCE, ACCURACY, RELIABILITY, CURRENCY, OR COMPLETENESS OF ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SERVICE AND SHALL NOT BE LIABLE IN ANY WAY TO YOU OR ANYONE ELSE WHO MAY USE THE INFORMATION OR CONTENT OR TO WHOM THE INFORMATION OR CONTENT MAY BE FURNISHED, FOR ANY DELAYS, INACCURACIES, UNAVAILABILITY, ERRORS, OR OMISSIONS THEREFROM OR IN THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART THEREOF OR FROM ANY DAMAGE ARISING THEREFROM OR ACCASIONED THEREBY.
THE OPERATION OF THE SERVICE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND THE COMPANY PARTIES' OR THEIR SUPPLIERS' OR VENDORS' CONTROL. THE OPERATION OF THE SERVICE, WHETHER BY SILVERSCRIPT, THE COMPANY PARTIES, THEIR SUPPLIERS, OR THEIR VENDORS, MAY NOT BE SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED. PASSWORD PROTECTION AND OTHER SECURITY MEASURES MAY NOT PREVENT UNAUTHORIZED ACCESS TO MATERIALS.
- Indemnity (Your Responsibility If We Are Sued).
- Governing Law.
- Dispute Resolution.
- Forward-Looking Statements.
SilverScript is a wholly-owned subsidiary of Caremark Rx, Inc. (NYSE: CMX). Statements on the Service regarding SilverScript’s business that are not historical facts are “forward-looking statements” that involve risks and uncertainties. For a discussion of factors that could cause actual results to differ materially from those contemplated in the forward-looking statements, see Caremark Rx, Inc.’s Annual Report on Form 10-K for the most recently ended fiscal year, and Caremark Rx, Inc.’s other periodic filings from time to time with the SEC.
- Information or Complaints.
If you have a question or complaint regarding the Service, please contact us. Because e-mail communications may not be secure, do not include credit card or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
- Other Important Terms.