RX.co Website Terms of Use
These Terms were last updated on August 7, 2026.
1. Contractual Relationship.
These Terms of Use ("Terms") govern your access to or use of the applications, websites, content, products, and services (collectively, the "Services," as more fully described below in Section 3) made available by Labor Pharmacy Benefit Solutions, LLC d/b/a RX.co ("RX.co," "us," "we," or "our"). RX.co's parents, subsidiaries, affiliates, officers, directors, employees, agents, licensors, service providers, successors, and permitted assigns are referred to collectively as the "RX.co Parties" where expressly stated. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND RX.CO.
By accessing or using the Services, you confirm your agreement to be bound by these Terms. To the extent you access or use the Services on behalf of an entity, you represent and warrant that you have authority to bind that entity to these Terms, and references to "you" include both you and that entity. Supplemental terms may apply to a particular Service, program, activity, promotion, Premium Add-On, or Business Service and shall be disclosed in connection with the applicable Service. Supplemental terms are part of these Terms for that Service and control to the extent of a conflict relating to that Service. If you or the Business Entity you represent enters into a separate written agreement with RX.co governing a Premium Add-On or Business Service, that separate agreement controls to the extent of a conflict concerning that Premium Add-On or Business Service. These Terms continue to govern general website access and any matter not addressed by the separate agreement.
If you do not agree to these Terms, do not access or use the Services. Except for a separate written agreement that expressly governs a Premium Add-On or Business Service, these Terms supersede prior or contemporaneous agreements or arrangements with you concerning their subject matter. RX.co may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason, except where prohibited.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH IN SECTION 2 BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH RX.CO ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
If your use of the Services is terminated for any reason, then: (a) these Terms shall 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 shall survive such termination.
RX.co may change these Terms from time to time. The updated Terms will strive to identify the date of the latest revision. Nonmaterial changes become effective when posted. Material changes shall apply prospectively beginning on the stated effective date, and RX.co shall provide any notice or obtain any consent to the extent required by applicable law. Where permitted by law, your continued use of the Services after the effective date constitutes acceptance of the updated Terms.
RX.co's collection, use, disclosure, retention, and other processing of personal information in connection with the Services are described in RX.co'sPrivacy Policy and any additional privacy notice presented with an applicable Service. The Privacy Policy is a notice of RX.co's privacy practices and does not create an independent contractual warranty except to the extent required by applicable law.
Privacy requests may be submitted using the methods identified in the Privacy Policy. Nothing in these Terms requires RX.co to delete information that it is legally or contractually permitted or required to retain, including information maintained for security, fraud prevention, dispute resolution, transaction reconciliation, regulatory compliance, backup, or other lawful purposes.
2. Dispute Resolution; Arbitration Agreement.
By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against RX.co on an individual basis in arbitration, as set forth in this Arbitration Agreement. This shall preclude you from bringing any class, collective, or representative action against RX.co, and also preclude you from participating in or recovering relief under any current or future class, collective or representative action brought against RX.co by someone else.
Agreement to Binding Arbitration Between You and RX.co (the "Arbitration Agreement").
You and RX.co agree that any dispute, claim or controversy arising out of or relating to these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, shall be settled through the dispute resolution process set forth herein, which includes binding arbitration between you and RX.co, and not in a court of law.
This dispute resolution process and the Arbitration Agreement contained herein is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, fraud, misrepresentation or any other statutory or common-law legal theory; claims that arose before this or any prior Terms (including, but not limited to, claims relating to advertising); claims for mental or emotional distress or injury not arising out of physical bodily injury; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of the Terms or your use of any of the Services.
If you are a natural person using the Services primarily for personal, family, or household purposes (a "Consumer"), the arbitration process in Section 2.1, "Consumer Arbitration Agreement", applies. If you are an organization—including a corporation, limited liability company, partnership, nonprofit organization, governmental entity, health plan, employer, association, pharmacy, healthcare provider, or other commercial or institutional user—or if you use the Services primarily for commercial, professional, institutional, or organizational purposes (a "Business Entity"), the arbitration process in Section 2.2, "Business Arbitration Agreement," applies. A person accessing or using the Services for a Business Entity represents and warrants that the person has authority to act on behalf of and bind that Business Entity.
Both parties further acknowledge and agree to waive any right to a trial by jury. Both parties agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and RX.co are each waiving the right to a trial by jury or to participate in a class action. For the avoidance of doubt, the scope of arbitration includes federal and state statutory and common law claims, including under the consumer protection laws and principles.
Except where a separate written agreement expressly provides otherwise for a Premium Add-On or Business Service, any arbitration between you and RX.co shall be subject to this Section 2 and not to a prior arbitration agreement between you and RX.co. This Section 2 shall survive termination of these Terms or your use of any of the Services.
Class Action and Collective Relief Waiver.
EXCEPT AS SET FORTH BELOW YOU AND RX.CO ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS, JOINT, COLLECTIVE BASIS, OR IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS CLAIMS AS A PRIVATE ATTORNEY GENERAL OR FOR PUBLIC INJUNCTIVE RELIEF), UNLESS BOTH YOU AND RX.CO OTHERWISE AGREE IN WRITING. THE ARBITRATOR MAY NOT PRESIDE OVER ANY FORM OF ANY CLASS, JOINT, COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING ANY DECLARATORY OR INJUNCTIVE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY'S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE PROCEEDING.
This Class Action and Collective Relief Waiver is an essential part of this "Dispute Resolution" section, and if it is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor RX.co may arbitrate such claim or dispute. Notwithstanding the foregoing, if a court or arbitrator determines that this is not enforceable as to a particular claim or request for relief, and all appeals from that decision (to the extent applicable in the Consumer Arbitration Agreement context) have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent you or RX.co from participating in a class-wide settlement of claims.
Notwithstanding the foregoing, you and RX.co each retain the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court's jurisdiction; (ii) bring an action in state or federal court to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party's claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party's right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.
If any portion of this Arbitration Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The other portions of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein.
Notwithstanding any provision assigning questions of arbitrability to an arbitrator, a court of competent jurisdiction shall decide disputes concerning compliance with Section 2.1.A, the enforceability or application of the Class Action and Collective Relief Waiver or the Mass Filing procedures, and any request to enjoin arbitration demands alleged not to comply with those provisions. All other questions concerning the scope, interpretation, or enforceability of this Arbitration Agreement shall be decided by the arbitrator to the extent permitted by law.
2.1 Consumer Arbitration Agreement.
A. Mandatory Informal Consumer Dispute Resolution Process.
If a dispute arises, RX.co is committed to working with you to reach a reasonable resolution. For any issue or dispute that arises between you and RX.co, both parties acknowledge and agree that they shall first attempt in good faith to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. This includes first sending a written notice of dispute ("Mandatory Pre-Arbitration Notice"). A Mandatory Pre-Arbitration Notice from you to RX.co must (1) be sent by certified mail, with a copy to support@rx.co with the subject line "User Dispute"; (2) be addressed to: 9151 Prosperity Road, Suite 100, West Jordan, Utah 84081, Attn: Legal Department ("Notice Address"); (3) contain your name, address, and email address; (4) describe the nature and basis of your claim; (5) include any relevant facts regarding your use of the Services, including without limitation the Account, Consumer Service, Premium Add-On, or Business Service to which your dispute pertains, the date(s) of any disputed charges, the date(s) of your interaction with each relevant Service; (6) specify the nature and basis of the specific relief sought, including the damages sought, if any, and a detailed calculation of them; and (7) include a personally signed statement from you (and not your counsel) verifying the accuracy of the contents of the Mandatory Pre-Arbitration Notice. The Mandatory Pre-Arbitration Notice must be individualized, meaning it can concern only your dispute and no other person's dispute.
After receipt of a completed Mandatory Pre-Arbitration Notice at the Notice Address, the parties shall engage in a good faith effort to resolve the dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the completed Mandatory Pre-Arbitration Notice, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties shall personally attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution. If we and you do not reach an agreement to resolve the issues identified in the Mandatory Pre-Arbitration Notice within 60 days after the completed Mandatory Pre-Arbitration Notice is received (or a longer time if agreed to by the parties), you or we may commence an arbitration proceeding or a small claims court proceeding (if permitted by small claims court rules).
Compliance with this Mandatory Informal Consumer Dispute Resolution Process set forth in Section 2.1.A is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines (other than the filing fees due by Claimants to commence an arbitration matter) shall be tolled while the parties engage in Mandatory Informal Consumer Dispute Resolution Process set forth in this Section 2.1.A. All of the requirements of the Mandatory Informal Consumer Dispute Resolution Process are essential so that you and we have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration. In addition, unless prohibited by law, the arbitration administrator may not accept, administer, assess, or demand fees in connection with an arbitration that has been initiated without completion of the Mandatory Informal Consumer Dispute Resolution Process, provided that this shall not excuse Claimant from timely paying filing fees necessary to commence arbitration. If the arbitration is already pending prior to the completion of the Mandatory Informal Consumer Dispute Resolution Process, the arbitration shall be administratively closed. A party may seek damages for non-compliance with the Mandatory Informal Consumer Dispute Resolution Process in arbitration.
B. Arbitration Process.
Arbitration between RX.co and a Consumer shall be governed by the then-current applicable rules of National Arbitration & Mediation ("NAM"), including NAM's Comprehensive Dispute Resolution Rules and Procedures and Supplemental Rules for Mass Arbitration Filings, as applicable (collectively, the "NAM Rules"), as modified by this Section 2.1, and shall be administered by NAM. If NAM is unavailable or unwilling to administer the arbitration, the parties shall select another administrator willing to administer the arbitration, if they cannot agree, either party may request that a court appoint an administrator under 9 U.S.C. § 5. The NAM Rules and forms are available atwww.NAMADR.com or by requesting them from NAM or RX.co at the Notice Address.
You and we agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Consumer Dispute Resolution Procedure requirements referenced in Section 2.1.A and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented).
All issues, including the scope and enforceability of this Consumer Arbitration Agreement, are for the arbitrator to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator's decision is binding only between you and us and shall not have any preclusive effect in another arbitration or proceeding that involves a different party. Judgment on an arbitration award may be entered in any court having jurisdiction, except that a party shall not seek entry of judgment after the award has been fully satisfied unless reasonably necessary to document or enforce satisfaction.
As in court, you and we agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.
Except as expressly provided in this Consumer Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys' fees and costs, in accordance with applicable law. Unless otherwise provided by applicable law, the parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator awards sanctions or finds that either the substance of the claim, the defense, or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
The payment of arbitration fees (the fees imposed by the arbitration administrator including filing, arbitrator, and hearing fees) shall be governed by the applicable NAM Rules. If the arbitrator finds that the arbitration fees shall be prohibitive for you as compared to litigation, we will pay as much of your filing, arbitrator, and hearing fees in the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or brought for an improper purpose or asserted in bad faith. You and we agree that arbitration should be cost-effective for all parties and that any party may engage with NAM to address the reduction or deferral of fees.
In circumstances in which the NAM Rules provide for a live hearing, such hearing shall take place remotely, unless the arbitrator finds that an in-person hearing may be necessary, in which case such hearing shall take place in the U.S. county (or parish) of your residence, or otherwise in Salt Lake City, Utah. If the Mass Filing process described in Section 2.1.F is triggered, then the location of any necessary in-person hearing shall be determined by the arbitrator.
C. Discovery During Arbitration.
The parties shall each be limited to a maximum of one (1) fact witness deposition per side, unless the arbitrator determines that more depositions are warranted based on the totality of circumstances, including the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests, and whether any or all of the claims appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery. Document requests shall be limited to documents that are directly relevant to the matter(s) in dispute or to its outcome; shall be reasonably restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; shall not include broad phraseology such as "all documents directly or indirectly related to"; and shall not be encumbered with extensive "definitions" or "instructions." The Arbitrator may edit or limit the number of document requests based on the totality of circumstances, including the factors listed above.
Electronic discovery, if any, shall be limited as follows. Absent a showing of compelling need: (i) electronic documents shall only be produced from sources used in the ordinary course of business, and not from backup servers, tapes or other media; (ii) the production of electronic documents shall normally be made on the basis of generally available technology in a searchable format that is usable by the requesting party and convenient and economical for the producing party; (iii) the parties need not produce metadata, with the exception of header fields for email correspondence; (iv) the description of custodians from whom electronic documents may be collected should be narrowly tailored to include only those individuals whose electronic documents may reasonably be expected to contain evidence that is material to the dispute; and (v) where the costs and burdens of e-discovery are disproportionate to the nature of the dispute or to the amount in controversy, or to the relevance of the materials requested, the arbitrator may either deny such requests or order disclosure on the condition that the requesting party advance the reasonable cost of production to the other side, subject to the allocation of costs in the final award.
D. Confidentiality.
Proceedings before the arbitrator shall be kept confidential in accordance with NAM Rules. Upon either party's request, the arbitrator may issue an additional order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.
E. Offer of Settlement.
In any arbitration between you and us, the defending party may, but is not obligated to, make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If the award is issued in the other party's favor and is less than the defending party's settlement offer or if the award is in the defending party's favor, the other party must pay the defending party's costs incurred after the offer was made, including any attorney's fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the claim may be entitled for the cause of action under which it is suing.
F. Mass Filing.
If, at any time, 25 or more claimants (including you) submit demands or seek to file demands for arbitration raising similar claims against the other party or related parties by the same or coordinated counsel or entities, consistent with the definition and criteria of Mass Filings ("Mass Filing") set forth in NAM's Mass Filing Supplemental Dispute Resolution Rules and Procedures ("NAM's Mass Filing Rules," available athttps://www.namadr.com/resources/rules-fees-forms/), you and we agree that the additional procedures set forth below shall apply. The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. The parties acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of their dispute might be delayed. Any applicable limitations period (including statute of limitations) and any administrative or arbitration fee deadlines (other than Claimant's filing fees) shall be tolled beginning when the Mandatory Pre-Arbitration Notice and Informal Consumer Dispute Resolution Procedures are initiated, so long as the Mandatory Pre-Arbitration Notice complies with the requirements in Section 2.1.A, until your Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
Stage One: Counsel for the claimants and counsel for RX.co shall each select 20 claims per side (40 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration or administrative fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. For the avoidance of doubt, "arbitration or administrative fees" as used in this Arbitration Agreement are exclusive of any filing fees due by a Claimant to commence arbitration, which shall remain due by Claimant and are at all times non-refundable. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and RX.co shall pay the mediator's fee.
Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for RX.co shall each select 20 claims per side (40 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration or administrative fees be assessed in connection with those claims (except for any filing fees due by Claimant to commence arbitration, as applicable) unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and RX.co shall pay the mediator's fee.
Stage Three: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for RX.co shall each select 20 claims per side (40 claims total) to be filed and to proceed in individual arbitrations as part of a third staged process, subject to any procedural changes the parties agreed to in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration or administrative fees (except for any filing fees due by Claimant to commence arbitration, as applicable) be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Following this third set of staged proceedings, counsel for claimants may elect to have the parties participate in a global mediation session of all remaining claims with a retired federal or state court judge.
If your claim is not resolved as part of the staged process identified above, either:
Option One: You and RX.co may separately or by agreement, opt out of arbitration and elect to have your claim heard in court consistent with these Terms. You may opt out of arbitration by sending RX.co your individual, personally signed notice of your intention to opt out by certified mail addressed to RX.co, 9151 Prosperity Road, Suite 100, West Jordan, Utah 84081, Attn: Legal Department, with a copy to support@rx.co. Such an opt out notice must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage 3 or the elective mediation associated with Stage 3. RX.co may opt your claim out of arbitration by sending an individual, personally signed notice of its intention to opt out to your counsel within 14 days after the expiration of your 30-day opt out period. Counsel for the parties may agree to adjust these deadlines.
OR
Option Two: If neither you nor RX.co elect to have your claim heard in court consistent with Option One, then you agree that your claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 20, then 20 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 20, then all of those claims shall be filed and proceed in individual arbitrations. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration or administrative fees (except for any filing fees due by Claimant to commence arbitration, as applicable) be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 20 claims is adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator, as that term is used in the NAM Rules) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.
A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the apportionment of arbitration fees between parties. If these additional procedures apply to your Claim, and a court of competent jurisdiction determines that they are not enforceable as to your Claim, then your Claim shall proceed in a court of competent jurisdiction consistent with these Terms.
You and RX.co agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and RX.co acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures has been reasonably designed to result in an efficient and fair adjudication of such cases.
2.2 Business Arbitration Agreement
If RX.co and a Business Entity have entered into a separate written agreement containing dispute-resolution terms, that agreement controls disputes arising from the services governed by that agreement.
A. Arbitration Process.
Arbitration between RX.co and a Business Entity shall be governed by applicable rules of JAMS pursuant to its Comprehensive Arbitration Rules and Procedures ("JAMS Rules"), as modified by this Section 2.2 (the "Business Arbitration Agreement"), and shall be administered by JAMS. The JAMS Rules and form to initiate arbitration are available online atwww.jamsadr.com.
All issues, including the scope and enforceability of this Business Arbitration Agreement, are for the arbitrator to decide. Judgment on an arbitration award may be entered in any court having jurisdiction, except that a party shall not seek entry of judgment after the award has been fully satisfied unless reasonably necessary to document or enforce satisfaction. The arbitrator's award is final and binding and may be reviewed, corrected, modified, or vacated only on the limited grounds permitted by the Federal Arbitration Act or other nonwaivable applicable law.
As in court, you and we agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the JAMS Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.
Except as expressly provided in this Business Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys' fees and costs, in accordance with applicable law, provided that the arbitrator is not empowered to award punitive or exemplary damages. In accordance with the Business Arbitration Agreement, each party hereby waives any right to seek or recover punitive or exemplary damages with respect to any dispute resolved by arbitration.
Unless otherwise provided by law, the parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator awards sanctions or finds that either the substance of the claim, the defense, or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
The payment of arbitration fees (including the fees imposed by the arbitration administrator such as filing, arbitrator, and hearing fees) shall be governed by the applicable JAMS Rules.
In circumstances in which the JAMS Rules provide for an in-person hearing, the hearing shall take place in Wilmington, Delaware. Except for application of the U.S. Federal Arbitration Act, this Section 2.2 shall be governed by the laws of the State of Delaware, without regard to conflict-of-law principles.
B. Discovery During Arbitration.
The parties shall engage in written discovery, document productions, and depositions that are proportionate to the needs of the case. In no event shall there be any interrogatories or requests for admission.
C. Confidentiality.
The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or as may be necessary in connection with a court application for a preliminary remedy, or unless otherwise required by law or judicial decision.
D. Modification.
The terms of this Business Arbitration Agreement may be modified if both parties agree to such modification in writing.
3. The Services.
Consumer Services and Free Consumer Membership.
RX.co offers prescription-price information, prescription discounts, coupons, account functionality, and related consumer-facing features (collectively, "Consumer Services"). Some Consumer Services may be available without an Account. A consumer may create an Account and become an RX.co consumer member (a "Consumer Membership") without charge. RX.co does not charge a fee merely to create, maintain, or use a Consumer Membership or to access Consumer Services that RX.co identifies as free. Consumer Membership does not automatically become subject to a fee, and maintaining a Consumer Membership does not authorize RX.co to impose recurring charges.
A consumer may close a Consumer Account using the method RX.co makes available. Closing a Consumer Account is separate from canceling a Premium Add-On. A consumer is not required to close an Account or take any other action to avoid charges because Consumer Membership is free and does not create a payment obligation.
Premium Add-Ons.
RX.co may offer optional premium features, enhancements, products, or services to consumers ("Premium Add-Ons"). Premium Add-Ons are separate from Consumer Membership, are entirely elective, and are not required to create or maintain a Consumer Membership. A Premium Add-On may be free or may involve a fee and may be offered, modified, suspended, or discontinued by RX.co.
Any fee, recurring charge, automatic renewal, trial, cancellation, refund, payment-processing, price-change, or other payment term applicable to a Premium Add-On must be stated in a separate agreement, order, enrollment terms, or other affirmative agreement accepted by the consumer before a charge is imposed. The website Terms alone do not create a consumer payment obligation for a Premium Add-On. Cancellation or nonrenewal of a Premium Add-On does not, by itself, close the Consumer Account or terminate the free Consumer Membership, although access to the Premium Add-On may end.
Business Accounts and Business Services.
Pharmacies, healthcare providers, employers, health plans, brokers, consultants, benefit platforms, technology companies, vendors, channel partners, and other commercial or institutional users may establish a "Business Account" and obtain products or services from RX.co ("Business Services"). Business Accounts and Business Services may involve fees and other commercial terms separately negotiated between RX.co and the applicable Business Entity.
Fees, payment timing, renewal, term, termination, service levels, implementation, data rights, support, refunds, and other negotiated terms for Business Services shall be governed by the applicable separate written agreement, order form, statement of work, participation agreement, or supplemental terms. The public website Terms do not establish specific Business Account pricing. A separate Business Services agreement controls to the extent of a conflict concerning the covered Business Services; these Terms continue to govern general website access and matters not addressed by that agreement, including acceptable use, intellectual property, scraping, security, fraud, and misuse of RX.co systems.
Prescription Discounts; Not Insurance.
RX.co prescription discounts and coupons are not insurance, are not a substitute for insurance, and do not provide health or prescription-drug coverage. A discount generally is used instead of insurance or a federal or state healthcare benefit for a particular transaction and may not be combined with such coverage for the same purchase. Eligibility and use restrictions may vary by program, medication, pharmacy, manufacturer, coverage arrangement, and applicable law. You are responsible for paying the pharmacy or other provider for all products and services obtained. Amounts paid using a discount may not count toward a deductible, out-of-pocket maximum, Medicare Part D true out-of-pocket costs, or another benefit accumulator. You are responsible for confirming applicable coverage, reimbursement, reporting, and program rules with your insurer, health plan, governmental program, or other benefit administrator.
Prices, Savings, and Pharmacy Participation.
Prescription prices, discounts, coupons, and estimated savings displayed through the Services may be based on information from pharmacies, pharmacy networks, processors, switches, program administrators, manufacturers, claims sources, pricing sources, and other third parties. Unless RX.co expressly identifies a particular offer as subject to a written price guarantee and states the applicable terms, displayed prices and savings are estimates and are not guaranteed. Prices and pharmacy participation may change at any time without notice.
The price available at a pharmacy may depend on the pharmacy, medication, strength, dosage form, quantity, manufacturer, national drug code, inventory, location, taxes, fees, eligibility, program terms, and information submitted when the transaction is processed. RX.co does not guarantee that a displayed price is the lowest available or that a discount will produce savings compared with insurance, another discount program, a pharmacy's cash price, or another purchasing method.
Each pharmacy is an independent third party and is solely responsible for its pricing, inventory, availability, pharmacy operations, professional judgment, dispensing decisions, legal and regulatory compliance, program participation, and acceptance or processing of a discount. RX.co cannot require a pharmacy to stock or dispense a medication, accept a discount, or charge a particular price. You should confirm the applicable price directly with the pharmacy before purchase. The pharmacy's price at the time of the transaction controls unless a separate written RX.co price guarantee expressly provides otherwise.
RX.co's Role.
RX.co is a prescription-discount and healthcare-technology platform. Except to the extent expressly stated in a separate agreement for a particular Service, RX.co is not a pharmacy, pharmacist, prescriber, healthcare provider, insurer, health plan, pharmacy benefit manager, fiduciary, benefits administrator, manufacturer, or provider of medical advice. RX.co does not prescribe, dispense, manufacture, sell, or deliver medications and does not make clinical, coverage, eligibility, or dispensing decisions.
Privacy and Health-Related Information.
Depending on the Service and applicable law, RX.co may receive information relating to use of a discount, a prescription transaction, an Account, or an interaction with a participating pharmacy or service provider. RX.co's collection, use, disclosure, retention, and deletion of personal information are described in the Privacy Policy and any additional privacy notice presented with the applicable Service. Nothing in these Terms requires deletion of information that RX.co is legally or contractually permitted or required to retain.
Third-Party Promotions and Transactions.
The Services may display, link to, or otherwise make available promotions, products, services, or content offered by third parties. Any correspondence, purchase, dispensing transaction, professional service, payment, warranty, return, delivery, or other arrangement with a third party is solely between you and that third party, except to the extent RX.co expressly agrees otherwise in writing. RX.co does not assume liability or responsibility for any part of a third-party promotion or transaction.
4. Restrictions on Use.
You agree not to use the Services in a way that is, in RX.co's discretion, harmful to minors in any way or violates any applicable law, regulation, obligation or other similar restrictions imposed by a government. You also agree not to violate any community requirements posted by RX.co from time to time, remove any copyright, trademark or other proprietary notices from any portion of the Services (including any discount coupons or other content sent to you), cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means. You shall promptly notify RX.co if you learn of any security breach related to the Services.
Any prescription or pharmaceutical product you obtain in connection with the Services must be solely for the personal use of the individual for whom the prescription was issued. RX.co may cancel, suspend, restrict, or terminate your Account or access to the Services at any time and for any reason, including a violation of these Terms, suspected fraud, security risk, nonpayment under an applicable separate agreement, or legal or regulatory risk.
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Services or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
You may not use any scraper, crawler, spider, robot, bot, script, or other automated means to access, monitor, copy, extract, or collect data from the Services; deep-link to any feature or Content; bypass robot-exclusion headers, rate limits, access controls, or other measures used to prevent or restrict access; or use any device, software, or routine to interfere or attempt to interfere with the proper operation of the Services. Violations of system or network security may result in civil or criminal liability. RX.co may investigate suspected violations and cooperate with law-enforcement authorities.
If RX.co expressly authorizes you to market, promote, or solicit use of the Services, you must ensure that you and your employees, agents, contractors, and affiliates comply with the TCPA, CAN-SPAM Act, applicable privacy and consumer-protection laws, and any RX.co marketing guidelines. You may not infringe the rights of others; send unsolicited bulk communications; distribute malicious code; use a false identity; attempt unauthorized entry to a site or network; or infringe intellectual-property rights.
You may not, and may not assist another person to: (i) submit false, misleading, fraudulent, or unauthorized prescription, eligibility, pharmacy, account, referral, transaction, contact, or payment information; (ii) obtain, aggregate, resell, publish, benchmark, or commercially exploit pricing, pharmacy, coupon, transaction, or other data from the Services except as RX.co expressly authorizes in writing; (iii) circumvent usage limits, access controls, security measures, rate limits, or technical restrictions; (iv) use the Services or Content to build, train, improve, validate, or operate a competing product, database, pricing service, or artificial-intelligence or machine-learning model without RX.co's written authorization; (v) impersonate another person or entity or misrepresent your affiliation, authority, eligibility, or identity; (vi) introduce malicious code or interfere with the integrity or operation of the Services; or (vii) identify or re-identify an individual from aggregated, de-identified, or pseudonymized information.
You further agree to comply with applicable U.S. export-control and sanctions laws concerning the transmission of technical data and regulated materials via the Internet.
Your Account or access to Services may be terminated for any of the above infractions.
5. Not Medical Advice.
The Services and all text, audio, video, photographs, illustrations, graphics, pricing information, drug information, pharmacy information, and other Content made available through them are provided for general informational and transaction-support purposes only. They do not constitute and are not a substitute for professional medical, pharmacy, diagnostic, treatment, insurance, legal, or other professional advice and do not create a provider-patient, pharmacist-patient, fiduciary, or other professional relationship between you and RX.co.
RX.co does not recommend or endorse any particular healthcare provider, pharmacy, prescription drug, test, treatment, product, procedure, or other healthcare service. You are responsible for consulting an appropriately licensed healthcare professional regarding medical conditions, medications, interactions, contraindications, treatment, and prescription use. Never disregard or delay professional medical advice because of information available through the Services.
The Services may reference or link to independent healthcare professionals or other third parties. Any professional advice, diagnosis, treatment, prescription, or other healthcare service is provided solely by the applicable third party, not by RX.co, and is subject to that third party's terms and privacy notices. RX.co does not credential, employ, control, or guarantee third-party healthcare professionals unless expressly stated in a separate written agreement.
Reliance on information available through the Services is solely at your own risk. If you have or suspect a medical emergency, call 911 or seek immediate assistance from a qualified healthcare professional.
6. The Services are "As Is".
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RX.CO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS. RX.CO DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SOFTWARE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, RX.CO SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE, 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.
RX.co is not obligated to provide any maintenance, technical or other support for the Service.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. 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 the Services and any updates thereto. RX.co does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
7. Eligible Users.
The Services are offered to individuals who are at least 18 years old and legally capable of entering into these Terms and to Business Entities acting through authorized representatives. A parent or legal guardian may use Consumer Services in connection with a prescription issued for the parent's or guardian's minor child or legal dependent, but the minor may not independently create an Account or agree to these Terms. The Services are offered to users located in the United States and its territories and possessions. If you do not meet these requirements, you must not access or use the Services.
8. License.
RX.co Limited License to You.
Subject to your compliance with these Terms, RX.co grants you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to access and use the websites, applications, Content, and related materials made available through the Services: (a) for your personal, noncommercial use of Consumer Services; or (b) for your internal business use of Business Services on behalf of a Business Entity you are authorized to represent, in each case solely for the intended purpose of the applicable Service and subject to any applicable separate agreement. All rights not expressly granted are reserved by RX.co and its licensors.
Restrictions.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by RX.co; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third Party Services and Content.
The Services may link to, integrate with, display, or otherwise provide access to information, documents, software, products, materials, websites, or services provided by pharmacies, pharmacy networks, processors, switches, administrators, manufacturers, healthcare providers, payment processors, technology vendors, data suppliers, advertisers, and other third parties. Those third parties are not under RX.co's control. RX.co and the RX.co Parties are not responsible for the accuracy, copyright compliance, legality, decency, security, availability, or other aspects of third-party materials or services, or for errors or omissions in references to third parties or their products and services. A listing, link, display, or integration is provided for convenience and does not by itself constitute endorsement, recommendation, agency, partnership, or a warranty. Different terms of use, privacy notices, and other policies may apply to third-party services and content. RX.co does not guarantee and shall not be responsible or liable for any third party's products, services, data, systems, acts, omissions, availability, professional judgment, or legal compliance (each, a "Third Party Provider"). You are responsible for reviewing and complying with the terms applicable to your dealings with a Third Party Provider.
Ownership.
Copyright 2026 Labor Pharmacy Benefit Solutions, LLC d/b/a RX.co. All Rights Reserved.
RX.co's names, logos, product and service names, designs, slogans, and related marks are trademarks or service marks of RX.co or its affiliates. Other marks are the property of their respective owners. The Services and all rights in them—including the websites, applications, APIs, software, interfaces, designs, databases, compilations, pricing displays, coupons, algorithms, analytics, text, graphics, audio, video, data, and other materials made available through the Services (collectively, "Content")—are and shall remain the property of RX.co, its affiliates, its licensors, or other applicable rights holders. These Terms do not grant you any right to use RX.co's company names, logos, product or service names, trademarks, service marks, or other brand elements except as RX.co expressly authorizes in writing. Except as expressly permitted by these Terms, an applicable separate agreement, or RX.co in writing, you may not copy, reproduce, modify, create derivative works from, publish, upload, post, transmit, distribute, sell, license, or otherwise exploit Content. Unauthorized use may violate intellectual-property and other laws.
Feedback. If you provide ideas, proposals, suggestions, or other feedback concerning RX.co or the Services ("Feedback"), you grant the RX.co Parties a perpetual, irrevocable, worldwide, sublicensable, transferable, royalty-free right to use, reproduce, modify, commercialize, and otherwise exploit the Feedback for any purpose without restriction, attribution, or compensation. You represent that you have the right to provide the Feedback and that its use will not violate an obligation owed to another person.
9. User Accounts.
Some Services require you to register for and maintain an Account. An Account established by a consumer is a "Consumer Account," and an Account established by or for a Business Entity is a "Business Account". Consumer Membership and a Consumer Account are free; RX.co shall not require a payment method as a condition of paying for or maintaining a Consumer Memberships, although RX.co may request payment or other verification information in connection with a Premium Add-On, fraud prevention, or another Service where reasonably necessary. You must provide accurate, complete, and current information and promptly update it when it changes.
RX.co may contact you to verify Account information and may request information or documentation reasonably necessary to confirm identity, authority, eligibility, licensing, ownership, security, or payment information applicable to a separate agreement. RX.co may reject an Account application; require additional verification; limit functionality; consolidate duplicate Accounts; refuse or investigate a transaction; or suspend, restrict, or terminate an Account if requested information is not provided or if RX.co reasonably suspects fraud, unauthorized activity, security risk, inaccurate information, abuse, nonpayment, legal or regulatory risk, or a violation of these Terms.
You are responsible for all activity under your Account and for maintaining the confidentiality and security of your credentials. You must promptly notify RX.co of actual or suspected unauthorized use or another security concern. An individual may not transfer or share a Consumer Account. A Business Account may be accessed only by personnel authorized by the Business Entity and permitted by RX.co, and the Business Entity is responsible for those users and for promptly removing access when authorization ends. You may not sell, assign, or otherwise transfer an Account.
RX.co personnel are not authorized to request your password. You may be required to provide proof of identity or another method of verification to access or use a Service, and RX.co may deny access if you refuse or cannot provide satisfactory verification.
10. Messaging Services.
RX.co may send transactional, administrative, security-related, account-related, or service-related communications to contact information associated with your Account or provided in connection with a requested Service, as permitted by law. RX.co may send marketing text messages or place marketing calls requiring consent only after obtaining the consent required by applicable law. Consent to marketing is not a condition of creating a Consumer Membership, using a prescription discount, or purchasing goods or services.
By using the Services or sending electronic communications to RX.co, you consent to conduct transactions electronically and to receive agreements, notices, disclosures, and other communications electronically. You agree that electronic signatures and records satisfy any legal requirement that a communication or agreement be in writing, subject to applicable law.
If you provide another person's contact information, you represent and warrant that you are authorized to do so and have obtained all permissions required for RX.co to send the requested communication, including a communication that may reveal prescription-related or other health-related information. You acknowledge that electronic communications may be viewed by someone other than the intended recipient and that RX.co does not warrant the accuracy of pricing or other information sent through a communication.
Consent to Receive Text Messages and Telephone Calls.
When you affirmatively opt in to receive SMS or telephone marketing from RX.co, you agree that RX.co and its service providers may contact you at the number provided, including through an automatic telephone dialing system or artificial or prerecorded voice where permitted by law. Message frequency may vary, and message and data rates may apply. You may revoke consent using any reasonable method permitted by applicable law. For SMS messages, you may reply STOP to opt out and HELP for assistance. RX.co may send one confirmation message and may request clarification if a revocation request is ambiguous. Opting out of marketing does not prevent legally permitted transactional, security, or administrative communications that do not require the revoked consent.
11. User Provided Content.
RX.co may, in its sole discretion, permit you to submit, upload, publish, or otherwise make available textual, audio, visual, or other content and information, including commentary, testimonials, support requests, survey responses, and promotion entries ("User Content"). You grant the RX.co Parties a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit User Content, in whole or in part and in any format or distribution channel now known or later developed, together with your name, location, and identifying information submitted with the User Content, subject to applicable law, without further notice, consent, or payment. You represent and warrant that you own the User Content or have all rights, licenses, consents, and releases necessary to grant this license and that the User Content and RX.co's permitted use of it will not infringe, misappropriate, or violate another person's intellectual-property, privacy, publicity, proprietary, or other rights or any applicable law.
You may not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, infringing, fraudulent, misleading, or otherwise objectionable, as determined by RX.co in its sole discretion. RX.co may, but is not obligated to, review, monitor, preserve, publish, return, restrict, or remove User Content at any time and for any reason without notice, except where prohibited by law. The license granted above survives deletion of User Content or termination to the extent RX.co has used or incorporated the User Content, sublicensed it, or must retain it for legal, security, backup, evidentiary, or operational purposes.
12. Disclaimers; Limitation of Liability; Indemnity.
DISCLAIMER.
ALL CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." RX.CO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, RX.CO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, ACCURACY, TIMELINESS, QUALITY, SECURITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. RX.CO DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS, INCLUDING PHARMACIES, HEALTHCARE PROVIDERS, PAYMENT PROCESSORS, DATA SUPPLIERS, AND OTHER THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
INFORMATION AVAILABLE THROUGH THE SERVICES MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, DELAYS, OMISSIONS, OR TYPOGRAPHICAL ERRORS. RX.CO MAY CHANGE THE CONTENT, SERVICES, PRICES, DESCRIPTIONS, FEATURES, PHARMACY LISTINGS, DISCOUNTS, PROGRAMS, THIRD-PARTY CONTRACTORS, AND VENDORS AT ANY TIME WITHOUT NOTICE. MATERIALS OR SERVICES MAY BE OUT OF DATE, AND RX.CO HAS NO OBLIGATION TO UPDATE THEM. WITHOUT LIMITING THE FOREGOING, RX.CO DOES NOT WARRANT OR GUARANTEE ANY DISPLAYED PRICE, DISCOUNT, COUPON, SAVINGS AMOUNT, PHARMACY PARTICIPATION, DRUG AVAILABILITY, PROGRAM ELIGIBILITY, COVERAGE INFORMATION, CLAIMS INFORMATION, OR TRANSACTION RESULT, OR THAT ANY PRICE OR DISCOUNT IS THE LOWEST AVAILABLE.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICES OR THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through the Services, you may interact or transact with pharmacies, healthcare providers, payment processors, manufacturers, program administrators, advertisers, vendors, or other third parties. Any purchase, dispensing transaction, professional service, payment, warranty, return, delivery, or other arrangement with a third party is solely between you and that third party, except to the extent RX.co expressly agrees otherwise in writing. RX.CO MAKES NO WARRANTY REGARDING A THIRD-PARTY TRANSACTION AND IS NOT THE SELLER, DISPENSER, PROVIDER, OR GUARANTOR OF THIRD-PARTY PRODUCTS OR SERVICES.
Content available through the Services may reflect opinions and judgments of information providers, users, or other persons not controlled by RX.co. RX.co does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made by a person other than an authorized RX.co spokesperson acting in that capacity.
You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the Services are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY THE PHARMACIES LISTED ON THE SITE MAY BE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY THE PHARMACY OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH OUR SITE MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. RX.CO DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO THE PRODUCTS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE EVENTS FIRST GIVING RISE TO THE CLAIM. IF NOT COMMENCED WITHIN THIS ONE (1) YEAR PERIOD, YOU AND WE ARE EACH PERMANENTLY BARRED FROM PURSUING THAT CLAIM.
In addition to any excuse provided by applicable law, RX.co shall not be liable for a failure or delay in performing or making the Services available to the extent caused by events beyond RX.co's reasonable control, whether or not foreseeable, including labor disturbances, war, terrorism, fire, flood, severe weather, utility or telecommunications failures, cyberattacks, epidemics, governmental acts or regulations, failures of pharmacies or other third parties, transportation interruptions, or similar events.
RX.CO SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF ANY PHARMACY, HEALTHCARE PROVIDER, OR OTHER THIRD PARTY PROVIDER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RX.CO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF RX.CO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RX.CO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF RX.CO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RX.CO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND RX.CO'S REASONABLE CONTROL.
THE SERVICES MAY BE USED TO ACCESS OR INTERACT WITH THIRD PARTY PROVIDERS, BUT RX.CO HAS NO RESPONSIBILITY OR LIABILITY FOR THEIR ACTS OR OMISSIONS OR FOR ASSISTANCE IN CONDUCTING A THIRD-PARTY TRANSACTION, INCLUDING PAYMENT PROCESSING, CLAIMS OR DISCOUNT PROCESSING, COMMUNICATIONS, OR TECHNICAL CONNECTIVITY.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR LINKED WEBSITES IS TO STOP USING THE SITE OR THOSE SERVICES OR PRODUCTS.
THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT LIMIT LIABILITY OR ALTER RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED. WHERE A JURISDICTION DOES NOT ALLOW AN EXCLUSION OR LIMITATION, RX.CO'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE RX.CO PARTIES ARISING OUT OF OR RELATING TO: (A) A CONSUMER MEMBERSHIP OR ANY SERVICE PROVIDED WITHOUT CHARGE SHALL NOT EXCEED FIFTY DOLLARS ($50); AND (B) A PREMIUM ADD-ON OR BUSINESS SERVICE SHALL BE SUBJECT TO THE LIABILITY LIMIT IN THE APPLICABLE SEPARATE AGREEMENT OR, IF THAT AGREEMENT DOES NOT STATE A LIMIT, SHALL NOT EXCEED THE GREATER OF FIFTY DOLLARS ($50) OR THE AMOUNT PAID DIRECTLY TO RX.CO FOR THAT SERVICE DURING THE SIX MONTHS PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM.
Indemnity.
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the RX.co Parties from third-party claims, demands, actions, damages, judgments, penalties, liabilities, losses, costs, and reasonable attorneys' fees arising out of or relating to: (i) your use or misuse of the Services or products or services obtained through them; (ii) your breach of these Terms or an applicable supplemental term; (iii) RX.co's permitted use of your User Content; (iv) your violation of a third party's rights; (v) your violation or alleged violation of applicable law, including communications, privacy, and anti-spam laws; or (vi) if you are a Business Entity, the acts or omissions of your authorized users, personnel, contractors, or agents. RX.co may control the defense and settlement of a covered claim using counsel of its choice, and you shall provide reasonable cooperation at your expense. You may not settle a claim in a manner that imposes liability, fault, obligations, restrictions, or admissions on an RX.co Party without RX.co's prior written consent. If you use the Services as a Consumer, this indemnity applies only to the extent permitted by applicable consumer law.
13. Other Provisions.
Choice of Law.
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Any dispute not subject to arbitration under Section 2 must be brought in a state or federal court of competent jurisdiction in the State of Delaware, and you and RX.co irrevocably consent to the exclusive jurisdiction and venue of those courts for non-arbitral claims.
Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe their rights under U.S. copyright law have been infringed. If you believe in good faith that material hosted through the Services infringes your copyright, you or your agent may send a notice requesting that the material be removed or access to it disabled.
If you believe a copyright-protected work has been made available through the Services in a way that constitutes copyright infringement, please send RX.co's designated DMCA Agent a notice containing the following information:
Reasonably sufficient details to enable us to identify the work claimed to be infringed (e.g., title, author, any registration or tracking number, URL) or, in the case of multiple works, a representative list of such works; Reasonably sufficient details to enable us to identify and locate the material claimed to be infringing (e.g., a link to the page that contains the material); Your name, address, telephone number, and, if available, email address; A statement that you have a good faith belief that the use of the material identified above is not authorized by the copyright owner, its agent, or the law; A written statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and Your physical or electronic signature. If you believe material that you have posted to the Services has been improperly taken down, you may file a written counter-notice with our DMCA Agent. Please include the following details:
Identification of the material that has been removed or to which access has been disabled and the location at which it appeared before it was removed or disabled; A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; Your name, address, telephone number, and, if available, email address; A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside the US, for any judicial district in which RX.co may be found, and that you will accept service of process from the person who submitted a notice in compliance with Section (c)(1)(C) of the DMCA, as described above; and Your physical or electronic signature. DMCA notices must meet current statutory requirements imposed by the DMCA.
Please send DMCA notices to RX.co's designated agent at: DMCA Agent, Labor Pharmacy Benefit Solutions, LLC d/b/a RX.co, 9151 Prosperity Road, Suite 100, West Jordan, Utah 84081, with a copy by email to support@rx.co and the subject line "DMCA Communication."
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake, may be subject to liability. Please also be advised that we enforce a policy of terminating the Accounts of repeat infringers (i.e., users who have made two or more postings for which we receive a notice of infringement).
RX.co's DMCA Agent should be contacted only for the purposes set forth in this Section. NON-DMCA INQUIRIES DIRECTED TO RX.CO'S DMCA AGENT WILL NOT BE ANSWERED. MISUSE OF THE DMCA CAN SUBJECT YOU TO LIABILITY.
Notice.
RX.co may give notice through a general notice on the Services; email to an address associated with your Account; telephone or text message to a number provided in connection with your Account; or written communication sent by first-class mail or prepaid post to an address associated with your Account. Notice is deemed given 48 hours after mailing or posting by first-class mail or prepaid post, or 12 hours after sending by email, telephone, or text message. You may give legal notice to RX.co, effective when received, by first-class mail or prepaid post addressed to RX.co, Attn: Legal Department, 9151 Prosperity Road, Suite 100, West Jordan, Utah 84081, with a copy tosupport@rx.co. Customer-support communications do not constitute legal notice unless RX.co expressly confirms otherwise.
Entire Agreement.
Except as expressly provided, these Terms and applicable supplemental terms constitute the entire agreement between you and RX.co concerning the Services governed by them and supersede prior or contemporaneous agreements concerning that subject. A separate agreement for a Premium Add-On or Business Service controls as provided in Section 1. The Privacy Policy and other notices describe applicable practices but do not modify these Terms unless expressly stated or required by law.
Changes to these Terms.
RX.co may amend these Terms as described in Section 1. The updated Terms will be posted through the Services with the date of the latest revision. Where permitted by law, continued use after the effective date constitutes acceptance.
General.
You may not assign these Terms without RX.co's prior written approval. RX.co may assign these Terms without your consent to an affiliate; an acquirer of equity, business, or assets; a successor by merger or reorganization; or another person in connection with a corporate transaction. An attempted assignment in violation of this provision is void. No joint venture, partnership, employment, agency, franchise, or fiduciary relationship exists between you, RX.co, or a Third Party Provider as a result of these Terms or use of the Services. If a provision is held invalid or unenforceable, it shall be modified or severed to the minimum extent necessary, and the remaining provisions shall remain in effect. RX.co's failure to enforce a provision is not a waiver. Headings are for convenience only; "including" means "including without limitation"; and these Terms shall be interpreted according to their fair meaning rather than strictly against either party as drafter, subject to nonwaivable law.
No Third-Party Beneficiaries.
Except for the RX.co Parties, which are intended third-party beneficiaries of provisions that expressly protect them, these Terms do not create rights in any third party.
Survival.
Provisions that by their nature should survive termination shall survive, including provisions concerning ownership, intellectual-property rights, licenses granted to RX.co, Feedback, User Content, restrictions, accrued payment obligations, disclaimers, releases, limitations of liability, indemnification, dispute resolution, governing law, enforcement rights, and this survival provision.