February 24, 2020
About Flipt and the Services
Flipt provides pharmacy benefit manager services and is not a pharmacy or health insurance or benefit plan. We are not affiliated with your Health Plan or your employer, but you have access to our Services because you have elected to participate in a Health Plan that has contracted with us to manage these benefits. All drug coverage rules, copays, prior authorization requirements, step therapy and formulary requirements are decided by your Health Plan.
The Flipt Services are provided to assist you in identifying the costs of different alternatives that are available to you with respect to filling prescription drugs that are prescribed to you by your health care providers, and the Services make available to you certain information regarding those prescription drugs. Flipt is not a prescriber of prescription drugs or a medical practice. You are encouraged to use the Flipt Services in consultation with your prescribing health care provider.
The Flipt Services allow you to navigate certain relevant parameters to seamlessly identify a solution for filling your prescription that may work for you and may reduce costs associated with your prescription drug benefits, either for you directly or for your employer (or both). The Services also allow you to request and receive prescription information including, but not limited to, your drug coverage, copayments and deductibles, pharmacy locations, drug prices, rewards and coupons. Some options provided to you may require a revised prescription from your health care provider.
Eligibility to Use the Services
Use of the Services
All of the content and information in the Services are made available only for your lawful, personal use and not for commercial use. Use of the Services is limited to the purposes for which the Services are intended by Flipt, and all unauthorized use is prohibited. You may not use our Services for any illegal purpose and agree that it is solely your responsibility to ensure that your use of the Services is legal. You also may not:
You may only possess one User Account. In order to use the Services, you must create an account (“User Account”) and become a “Registered User.” You agree to provide truthful, accurate, current, and complete information during the registration process and to update your information promptly as needed to keep it accurate, current, and complete. You should not reveal your username or password to any other person. We will never ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered email address. All conduct associated with your User Account will be attributed to you unless you notify Flipt that your User Account has been compromised.
Flipt Rewards Program
If your Health Plan is sponsored by your employer, you may be eligible to receive financial incentives (“Rewards”) from your employer for using the Services to make cost-saving choices. If your employer participates in this program, the Services will be designed to provide information that will help you make choices that are more cost effective. You must provide accurate information in order to receive payment of Rewards, and you may be required to accrue a minimum balance (“Minimum Balance”) before your Rewards can be released to you. No interest will be earned by or paid to you on Rewards balances. The availability of and the amounts of Rewards will be as determined by and at the complete discretion of your employer and may change from time-to-time. Rewards will only be available for qualifying purchases of prescriptions from pharmacies that participate in the Flipt network (“Qualifying Prescriptions”) and will not be available for Excluded Prescriptions. “Excluded Prescriptions” means prescriptions filled at pharmacies (and their participating websites) that Flipt or your employer may, from time to time, elect or be required to exclude based on any applicable laws or regulations or for any other reason.
You have the sole and exclusive responsibility for any content, regardless of form or format, that is transmitted, posted or otherwise distributed by you through the Services (referred to as “End User Content”). You assume sole liability for all End User Content posted by you. Flipt is not responsible to and has no obligation or liability to or for monitoring the End User Content, and Flipt does not warrant, guarantee or represent, in any way, the accuracy, quality or integrity of the End User Content. By using the Services, you acknowledge that you may be exposed to content submitted by third parties that may be offensive, indecent or otherwise objectionable and that Flipt is not responsible or liable for this content.
Suspension or Termination of User Access to the Services
Not Medical Advice; Not a Pharmacy
Charges; In-Services Purchases
Most charges applicable to prescriptions that you fill will be collected from you by the pharmacy where you fill the prescription. Through the Services, you will be able to see the charges that apply, depending upon your choice of prescription drugs and pharmacies.
Flipt may enable certain features of the Services that are subject to a fee, and may, from time-to-time offer payment options through the Services, including options for paying pharmacies for your prescription drugs directly through the Services. Applicable fees, if any, are displayed in the Services in connection with each feature when in use. We reserve the right to change the fees and pricing for items and services offered through the Services at any time.
You are responsible for all purchases and charges on your User Account, whether made by you or anyone that uses your User credentials, including applicable taxes. You may pay using the methods available in the Services from time to time, and you agree to the terms and conditions applicable to each payment method you choose, including any additional payment processing fees which may apply.
Internet connectivity is required for access to and use of the Services. You are solely responsible for any costs you incur to access the Services through any Internet, wireless or other communication service, such as any fees for web browsing, messaging, and data usage on an Internet provider’s or wireless carrier’s network. Check with your carrier to determine any fees that may apply.
At times, the Services may allow you to connect to or to communicate with other apps, websites, or services owned, operated, or controlled by third-parties, including those linked to or by other Users or pharmacies or other medication providers (“Third-Party Services”). Links to Third-Party Services are offered strictly for informational and convenience purposes and should not be construed as referrals or endorsements by us of any Third-Party Services. The Third-Party Services are developed and maintained by each third-party and are governed by the third-party’s own terms of service and privacy policies. You should read the privacy policies and terms of service agreements of all Third-Party Services. We are not responsible for the content of Third-Party Services, nor do we make any warranties or representations with respect to the content, accuracy, opinions, warranties, products or services, privacy or security, intellectual property compliance, or links of such Third-Party Services.
Trademarks and Copyright Content
Flipt®, Flip The Script On RX Prices®, Flipt the Script on Rx Prices™ and FliptRx™ are trademarks of Flipt, LLC, as are other graphics, logos, designs, page headers, button icons, scripts, and service names used throughout our website and software app. These trademarks and trade dress may not be used, including as part of trademarks or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion, without the written permission of Flipt, LLC.
You should assume all content and material made available on our website and in connection with our services is protected by copyright law. Aside from user-submitted content, if any, all other materials and other information on the our website and in connection with our services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Flipt, LLC and/or its licensors and are protected by all United States and international copyright laws.
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Services, including content licensed to us by third parties, without receiving our prior written permission.
All notices to Flipt, LLC will be provided by either sending: (i) an email to firstname.lastname@example.org; or (ii) a letter, first class certified mail, to Flipt, LLC, Attn: General Counsel, 210 Hudson St., Suite 803, Jersey City, NJ 07311. Such notices will be deemed delivered upon the earlier of the verification of delivery or two business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Flipt, LLC will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of infringement claims (its “Designated Agent”). Our Designated Agent is:
210 Hudson St., Suite 803
Jersey City, NJ 07311
Attention: Shauna Vernal, General Counsel
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially all of the following:
Flipt, LLC will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA for copyright infringement claims. Inquiries that do not follow this procedure may not receive a response.
REPRESENTATIONS & WARRANTIES; DISCLAIMERS
FLIPT RECEIVES DATA AND INFORMATION FROM MANY INDEPENDENT SOURCES, INCLUDING YOUR HEALTH PLAN, DRUG MANUFACTURERS AND GOVERNMENT AGENCIES. FLIPT CANNOT, AND DOES NOT, INDEPENDENTLY REVIEW, VERIFY, TEST, OR SUBSTANTIATE THE CONTENT OF SUCH DATA OR INFORMATION FOR ACCURACY, TIMELINESS, OR COMPLETENESS AND DISCLAIMS ALL RESPONSIBILITY FOR ANY OMISSIONS OR ERRORS IN SUCH DATA AND INFORMATION AND FOR ANY ADVERSE CONSEQUENCES RESULTING THEREFROM. IN ADDITION, THIS DATA AND INFORMATION MAY NOT NECESSARILY COVER ALL POSSIBLE USES, DIAGNOSES, TREATMENT OPTIONS, DIRECTIONS, PRECAUTIONS, DRUG INTERACTIONS, DOSAGE LIMITATIONS, LOCAL PRACTICES, OR ADVERSE EFFECTS APPLICABLE TO A PARTICULAR HEALTH CONDITION, DRUG OR TREATMENT OR A PARTICULAR USER. THIS DATA AND INFORMATION IS NOT INTENDED, AND YOU AGREE NOT TO RELY ON IT AS A SUBSTITUTE FOR THE KNOWLEDGE, EXPERTISE, SKILL, VERBAL COUNSELING, PHYSICAL DEMONSTRATION OF AN ADMINISTRATION TECHNIQUE, OR JUDGMENT OF PHARMACISTS, PHYSICIANS, OR OTHER HEALTHCARE PROFESSIONALS IN PATIENT CARE.
IN LIGHT OF THE FOREGOING, THE SERVICES AND THEIR DATA AND INFORMATION ARE FURNISHED BY FLIPT “AS IS” AND FLIPT, ITS AFFILIATES, AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES OR THEIR DATA AND INFORMATION OR ANY SERVICES HEREUNDER AND DISCLAIM ALL IMPLIED REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE ARISING OUT OF OR RELATED THERETO INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS AND WARRANTIES (I) REGARDING COMPREHENSIVENESS, SUITABILITY, AVAILABILITY, COMPATIBILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THE SERVICES (IRRESPECTIVE OF ANY COURSE OF DEALING, CUSTOM, OR USAGE OF TRADE) OR ANY WARRANTY THAT THE DATA AND INFORMATION SATISFIES GOVERNMENT REGULATIONS. NO FLIPT EMPLOYEE, CONSULTANT, REPRESENTATIVE OR AGENT IS AUTHORIZED TO MAKE ANY STATEMENT THAT ADDS TO OR AMENDS THE WARRANTIES OR LIMITATIONS CONTAINED HEREIN.
NOTWITHSTANDING THE PRECEDING, IF THERE IS A PRICING OR COPAYMENT ERROR CAUSED BY THE SERVICES THAT CAUSES YOU TO OVERPAY FOR A DRUG CLAIM, FLIPT WILL REPROCESS THE CLAIM AND CORRECT THE PRICING.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, SERVICES OR ANY LINKED SITE IS TO STOP YOUR USE OF IT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES PERMITTED UNDER THE LAW.
If your jurisdiction has provisions specific to waiver of liability that conflict with the above liability limitations, then our liability is limited to the smallest extent possible by law.
IF YOU ARE A RESIDENT OF CALIFORNIA, YOU SPECIFICALLY WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE ABOVE RELEASE.
Except as specifically stated herein, all other Disputes not eligible for resolution in Small Claims Court will be resolved exclusively by final, binding arbitration under the Federal Arbitration Act. The arbitration will be administered by the American Arbitration Association and conducted before a single arbitrator under its rules. If you bring a Dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. In addition, you agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action.
You agree that any Dispute arising out of or related to the Services must commence within one year after the cause of action creating the Dispute occurs. Otherwise, any Dispute relating to such cause of action is permanently barred.
California Users and Residents Pursuant to California Civil Code Section 1789.3. For California Users and residents, any questions about pricing, complaints, or inquiries about Flipt must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to email@example.com. California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.