Terms & Conditions
These terms and conditions (collectively, "Terms") constitute a legal agreement between you and Visory Health, LLC ("us", "our" or "we"). To use the Visory Health Service and the associated Card you must agree to these Terms. By using or receiving the Visory Health Service supplied to you by us and the medical, dental or other health professionals participating in the Visory Health Service, and downloading or using any associated application or Rx discount card supplied by us to enable you to use the Visory Health Service (the "Card"), you hereby expressly acknowledge and agree to be bound by these Terms, and any future amendments and additions to these Terms that are published from time to time on this website (the "Website") or through the Visory Health Service.
IMPORTANT: PLEASE READ:
WE DO NOT PROVIDE MEDICAL, TELEHEALTH, DENTAL, VISION OR OTHER HEALTH RELATED SERVICES AND WE DO NOT PROVIDE INSURANCE OF ANY TYPE. YOU ARE RESPONSIBLE FOR ALL PAYMENTS TO HEALTHCARE PROVIDERS FROM WHOM YOU RECEIVE SERVICES. WE DO NOT, AND DO NOT INTEND TO, PROVIDE ANY MEDICAL, TELEHEALTH, DENTAL, VISION, OR OTHER HEALTH RELATED SERVICES. AS SUCH, WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY PROVISION OR LACK OF PROVISION OF ANY SUCH SERVICES.
Visory Health Contact Information:
Visory Health, LLC
Acceptance of the Terms and Conditions
The Services are available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Visory Health and meet all foregoing eligibility requirements. If you do not meet all of those requirements, you must not access or use the Services.
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.
No Medical Advice
The Services offered by Visory Health are NOT intended to diagnose, treat, or prescribe to medical problems or conditions. If you suspect or have a medical problem or condition, please contact a qualified healthcare professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911 for emergency medical help.
Modifications to these Terms
We may update these Terms at any time and notify you of updates by any reasonable mean, including by posting a notice of the updated Terms on the Website. You agree that we may update these terms from time to time without notice, and you agree to review these terms concurrent with your use of the Services to identify any updates thereto. The date of the last updates can be found at the top of these Terms. YOUR CONTINUED USE OF VISORY HEALTH FOLLOWING ANY UPDATES TO THESE TERMS SHALL CONSTITUTE NOTICE AND ACCEPTANCE OF THE UPDATED TERMS.
VISORY HEALTH SERVICE IS A DISCOUNT ONLY - NOT INSURANCE. The Card is NOT a health insurance policy and is not intended as a substitute for a health insurance plan. The Card allows you to obtain discounts on prescription drugs and/or pharmaceutical products purchased through participating pharmacies. The range of the discounts will vary depending on the prescription drug or other product, and the participating pharmacy. You are required to pay for all prescription drugs at the time of purchase. Visory Health does not make payments to any pharmacy or health care provider. Visory Health prescription discounts, coupons and prices 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 prices we display will exactly match the prices you receive at the participating pharmacy.
You may print or download a Card without registering with us or creating an account. You may also have received a Card from a third-party sponsoring organization, with or without having provided that third-party with your name or other identifying information. If you request to have a card emailed, texted, or mailed to your home address, you will be required to provide us with your name, email address, home address, and/or telephone number.
If you do NOT have health insurance, you can use your Card for any brand name or generic prescriptions you or a household member pays for out-of-pocket unless other restrictions apply. The Card cannot be used with other prescription drug discount cards or with a health plan or pharmacy benefit plan. If you have health insurance or any other funded benefit such as Medicaid and Medicare, you can use your Card for certain prescriptions that are not covered by your plan. Visory Health discounts and coupons can be used instead of, but not in conjunction with insurance.
The Card must be presented with each prescription to a pharmacy that participates with Visory Health to be eligible for the Visory Health discount. The price you pay the pharmacy is always the lesser of the Visory Health discounted price or pharmacy's retail price. If the pharmacy's retail price is less than the Visory Health discounted price, there is no discount. Discounts are available only at pharmacies that participate with Visory Health. All Visory Health pricing and benefits are subject to change without notice.
You agree to use the Services only for lawful purposes. You agree not to interrupt or attempt to interrupt the operation of the Services 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 Services (including by means of hacking or defacing any portion of the Services, or by engaging in spamming, flooding, or other disruptive activities, including with respect to the servers or networks used to make the Services available) is prohibited. You are strictly prohibited from communicating on or through the Services 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 Services, the Website, or parts of the Services, 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 Services 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 Services. It is your responsibility to maintain and promptly update this information to keep it true, accurate, current, and complete. 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 Services without notice.
You must respond promptly to all email and other correspondence from Visory Health, including without limitation email and correspondence concerning complaints or concerns regarding your use of the Services. You are responsible for obtaining, maintaining, and paying for any and all hardware, software, and telecommunications and other services needed for you to use the Services.
If you no longer agree to be bound by these Terms, or breach any provision of these Terms, you may no longer use the Services, including any access thereto. Your use of the Services is at your sole risk. If you are dissatisfied with the Services, 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 Services. If your use of the Services 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 Services (and any unauthorized further use of the Services), including your indemnification obligations; and (b) any rights or licenses granted to us under these Terms will survive such termination.
Protected Health Information
You acknowledge and agree that by using the Card, information related to the prescriptions obtained through the Card will be collected from pharmacies that participate with Visory Health. This information includes name identifiers, birth date, gender, zip code information, and prescription information. You acknowledge and agree that this information received by pharmacies that participate with Visory Health and subsequently disclosed to Visory Health will be used for the administration of the Visory Health prescription drug discount program. Visory Health does not sell such information to any third parties. Visory Health 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. In accordance with Visory Health’s Business Associate obligations under HIPAA to Covered Entities, Visory Health will keep safeguard any PHI Visory Health receives or collects, keep this PHI confidential, and not disclose PHI except as set forth herein.
Copyright © 2020 Visory Health, LLC. 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.
Visory Health (and its suppliers and vendors) owns the Services and all the content on the Services, including text, graphics, legends, customized graphics, original photographs, data, images, music, audio and video clips, typefaces, titles, button icons, logos, designs, words or phrases, page headers, and software as well as the design, coordination, arrangement, enhancement, and presentation of such material. The Services and all the content on the Services is subject to trademark, service mark, copyright, and/or other intellectual property rights held by Visory Health and its suppliers and vendors. Any trademark or copyright notices may not be deleted or altered in any way. Visory Health’s trademarks and copyrights may not be used in connection with any products or services that are not offered by or on behalf of Visory Health, 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, re-broadcasting, texting, emailing, 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 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 Visory Health 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 Services (including any portion thereof) or the use (including any access to) thereof, or to collect any information about Website visitors or users of the Services, or otherwise systematically download and store the Services content. You represent, warrant, and agree that you will not send, submit, upload, post, reproduce, transmit, or distribute any communication, content, or other Materials of any type through or in connection with the Services or otherwise to Visory Health that infringes or violates any rights of any party or violates these terms.
The use of logos or trademarks on the Services that belong to any third parties should not be construed as an affiliation, endorsement, partnership, or sponsorship of the Services.
Messaging Terms & Conditions
Visory Health or one or more of its affiliates may offer access to pharmacy and other related messages via recurring SMS (Short Message Service), MMS (Multimedia Message Service) text alerts, Mobile App push notifications, and email alerts. Enrollment in text alerts requires you to provide your own mobile phone number with an area code within the United States. Mobile App push notifications require an application download. Enrollment in email alerts requires you to provide an email address. By enrolling to receive Visory Health text, push notifications, or email alerts, you agree to these Terms, which become effective upon your enrollment. You may be asked to verify your mobile phone number before the alerts will start. This requires responding to a text alert sent to your mobile phone confirming your enrollment.
You acknowledge that alerts will be sent to the mobile phone number or email address you provide to Visory Health. Such alerts may include personal information about your prescriptions based on the type of information you choose to receive via electronic communication, and whoever has access to the mobile phone or carrier account or email address will also be able to view this information. You acknowledge and accept that if you elect to receive Protected Health Information as defined in HIPAA in the form of full prescription information via text alerts or e-mail alerts, you are (a) electing to receive this type of information through an unencrypted method of communication, and that (b) information contained in an unencrypted e-mail and/or text message is at risk of being intercepted and read by, or disclosed to, unauthorized third parties. Once you enroll, the frequency of text, push notifications, or email alerts we send to you will vary. Visory Health does not impose a separate charge for text alerts; however, your mobile carrier’s message and data rates may apply depending on the terms and conditions of your mobile phone contract. You are solely responsible for all message and data charges that you incur.
You may opt out of Visory Health text or email alerts at any time. To stop receiving email alerts, click the “Unsubscribe” link found at the bottom of the email alert or send an email to firstname.lastname@example.org and request to opt-out of any future email alerts. To stop receiving text alerts, text STOP to the number upon which you are receiving text alerts. Texting STOP will opt you out of any and all future Visory Health text messages. After you submit a request to unsubscribe, you will receive one final text alert from Visory Health confirming that you will no longer receive text alerts. No additional text alerts will be sent unless you re-activate your enrollment in the text alert program.
The Visory Health text alert programs are offered on an “as is” basis and: (1) may not be available in all areas at all times; and (2) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. Visory Health may change or end any text alert programs without notice or liability to you. Visory Health and its related companies and each of their respective officers, directors and employees are not responsible and shall not be liable for any losses or injuries of any kind resulting, directly or indirectly, from any Visory Health text alert program or from technical failures or delays of any kind. Visory Health reserves the right to cease delivery of text alerts to any person at any time in its sole discretion. For additional support email email@example.com.
Disclaimer of Warranties
The discount information and content posted on the Website is for informational purposes only and is subject to change at any time without notice. Visory Health uses its best effort to provide timely and accurate data, but Visory Health cannot guarantee the accuracy of such information and recommends checking with the pharmacy directly to confirm the discounts presented on the Website before making any final purchasing decision. Visory Health cannot guarantee that discounts on the Website will be below a pharmacy’s usual and customary pricing for drugs. Visory Health 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 AND APP, 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.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL VISORY HEALTH OR ITS SUPPLIERS OR VENDORS, OR ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUPPLIERS, VENDORS, LICENSORS, CO-BRANDERS, OR PARTNERS (COLLECTIVELY, “VISORY HEALTH 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 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 VISORY HEALTH PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED $25.00.
BY AGREEING TO THESE TERMS YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD VISORY HEALTH 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.
All notices to a party shall be in writing and be made via email to the attention of Legal Department at firstname.lastname@example.org. 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 Services or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
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 (including federal arbitration law) and the State of Florida, 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.
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 VISORY HEALTH 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 VISORY HEALTH 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. Both parties will need to pay for the costs of their own travel. 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.
Copyright Infringement Claims: Notice and Take-Down Procedures
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Services infringe your rights under U.S. copyright law, you may send a written notice to Visory Health by mail, e-mail, or fax, requesting that Visory Health remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Visory Health a counter-notice. Notices and counter-notices must be sent in writing and meet the then-current statutory requirements imposed by the DMCA (see www.copyright.gov for details), which, with respect to notices of infringement, currently include, among other requirements, the following (a) sufficient information identifying the copyrighted work(s) believed to be infringed (b), sufficient information identifying the allegedly infringing material(s) and the location of such material(s) in order to permit Visory Health to locate such material(s), (c) a statement from the owner (or the owner’s authorized representative) of the copyrighted work(s) believed to be infringed that such owner or authorized representative has a good faith belief that the allegedly infringing materials are used in a manner not authorized by the copyright owner, its agent, or the law, (d) contact information for the complaining party, including a mailing address, a telephone number, and, if available, an email address, (e) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf, and (f) a signature or the electronic equivalent from the owner (or the owner’s authorized representative) of the copyrighted work(s) believed to be infringed.
Notices and counter-notices must be sent in writing to Visory Health as follows:
Legal Department Visory Health
In addition to the rights and privileges described in the terms, conditions, and policies outlined above, we further reserve the right to elect to electronically monitor areas of the Services and may disclose any content, records, or electronic communication of any kind if required to do so by any law, regulation, or government request, if we believe that such disclosure is necessary or appropriate to operate the Services, or to protect our rights or property, or the rights of the users, partners, affiliates, sponsors, providers, licensors, or merchants. If alerted to allegedly infringing, defamatory, damaging, illegal, or offensive content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from the Services.
We control the Services from our corporate offices within the United States of America, and the Services are not intended to subject Visory Health to any non-U.S. jurisdiction or law. By using (including any access to) the Services you agree that such use (including any such access) is subject to the terms, conditions, and policies of these Terms as well as applicable laws. The Services may not comply with legal requirements of foreign countries. Other countries may have laws, regulatory requirements, and medical practices that differ from those in the United States of America. Any portion of the Services is void where and to the extent prohibited by law, and you may not use the Services where it would be illegal to do so. We may limit the availability of the Services at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose.
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 constitute the entire agreement between you and Visory Health governing your use of the Services (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.