ScriptSave® Personalized Wellness Program
Terms of Service
Last Updated: February 26, 2021
Please read these Terms of Service ("Terms") carefully. These Terms are a binding contract between you and Medical Security Card Company, LLC, a Delaware limited liability company ("MSC", "we", "us" or "our") governing the use of MSC’s Personalized Wellness Program, which is designed to help you to make better decisions about the foods and other products you use and purchase through retailers and to provide you with applicable savings opportunities (the "Wellness Program"). Please note that while we provide the Wellness Program, Website, and Application in conjunction with your third-party sponsoring organization, these Terms are an agreement between you and MSC, not your sponsoring organization. We are not responsible for any third-party sponsoring organization’s websites, applications, or programs. By registering for or using the Wellness Program via our mobile application ("Application") or the associated online website https://www.medicalsecuritycard.com/contact ("Website"), you agree to be bound by these Terms with MSC. These Terms affect your legal rights and obligations, so if you do not agree to these Terms, do not register for or use the Wellness Program.
NO MEDICAL ADVICE: Neither the Website, the Application, nor the Wellness Program should be used for, or as a substitute for, medical problems or conditions without consultation with a qualified healthcare professional. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone.
ARBITRATION NOTICE: Except for certain types of disputes described in the arbitration clause below, you agree that all disputes between you and MSC will be resolved by mandatory binding arbitration and you waive any right to participate in a class-action lawsuit or class-wide arbitration.
Privacy
Your privacy is important to us. The Privacy Policy is incorporated into these Terms by reference. By accepting these Terms, you agree to the collection, use, and sharing of your personal information, including your content, through the Wellness Program in accordance with the Privacy Policy.
Modifications to these Terms
We may, at our sole discretion, revise these Terms from time to time. The most current version of these Terms will be made available to you on the Website and will be linked to from within the Application. We encourage you to periodically review these Terms. If we make material changes to these Terms, we will notify you on the Website, within the Application, or both by posting a conspicuous notice on the Website, the Application, or by otherwise sending you a notification prior to the effective date of the changes. All changes are effective immediately when we post them. By continuing to access or use the Wellness Program, the Application or the Website after those changes become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you may terminate your account as set forth below.
Our Services
You may use certain features of the Wellness Program without registering with us or creating an account. Additional services designed to better manage your health and wellness and provide you with opportunities to save money will be accessible to you if you create a user account ("Account"). In order to create an Account, you will be required to provide us with your name, email address, a password, date of birth, and zip code. You may also choose to provide your phone number and gender. Information that we collect during registration will be used as set forth in our Privacy Policy. You must be at least 18 years of age to create an Account.
If you are given the option to integrate your Account with an existing account maintained by your third-party sponsoring organization, you must give all appropriate requested permissions at the time of integration. MSC is not responsible for the maintenance of your account with any third-party sponsoring organization or the accuracy or security of any third-party sponsoring organization website or application.
The Wellness Program, Website and Application are administered by Medical Security Card Company, LLC, 350 S. Williams Blvd., Tucson, AZ 85711, 1-800-407-8156, www.scripsave.com. You may cancel your Account or file a complaint regarding the Wellness Program, the Website, or the Application at any time by contacting Customer Care at [email protected].
General Conditions
Using the Wellness Program via the Application requires you to download the Application from the Apple iTunes App Store, the Google Play Store, or other MSC authorized source. Your download and use of the Application is subject to the applicable end user license agreement.
Your Account
MSC prohibits the creation of and you agree that you will not create an Account for anyone other than yourself. You also represent that all information you provide to MSC upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
We reserve the right to refuse access to the Wellness Program to anyone for any reason at any time. We reserve the right to terminate or suspend your account for any reason. You agree that you are responsible for all data charges and/or SMS charges you incur through use of the Wellness Program, the Website, or the Application.
Modifications to Services
We reserve the right to modify or terminate the Wellness Program, Website, or Application or any feature or function for any reason at any time and without notice or liability to you.
Health and Wellness Information and Preferences
In order to use certain features of the Wellness Program, you will need to provide information related to your health concerns, related health information, and dietary preferences. The Wellness Program provides personalized reminders, recommendations, and guidance regarding allergies, diet and nutrition, allergies, fitness, and your medications, in addition to conditions such as heart disease, diabetes, pregnancy, women’s health, men’s health, and general health. Therefore, we require you to provide certain information depending on your specific goals and/or health concerns.
The content mentioned as part of or offered through the Wellness Program is intended solely to educate consumers on health care, wellness, and nutritional issues that may affect their daily lives. Nothing in the content should be considered, or used as a substitute for, medical advice, diagnosis, or treatment. The Wellness Program, Website, and Application do not constitute the practice of medicine, pharmacy, or any other professional health care advice, diagnosis, or treatment. You should always consult with your health care provider for diagnosis and treatment to address your specific medical needs. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health, medical conditions, or nutrition.
THE MENTION OF PARTICULAR FOODS, RECIPES, OR OTHER THIRD-PARTY PRODUCTS ON THE WEBSITE OR APPLICATION DOES NOT CONSTITUTE OR IMPLY ANY WARRANTY OR ENDORSEMENT OF ANY KIND BY MSC OR ITS AFFILIATES. NONE OF THE THIRD-PARTY PRODUCTS MENTIONED AS PART OF OR OFFERED THROUGH THE WEBSITE OR APPLICATION REPRESENT OR WARRANT THAT ANY PARTICULAR THIRD-PARTY PRODUCT IS SAFE, APPROPRIATE OR EFFECTIVE FOR YOU.
Medicine Chest
Depending on your version of the Website or Application, the Wellness Program may include a Medicine Chest feature. If offered, the Medicine Chest feature of the Wellness Program allows you to store information about your various prescriptions and medications, search for certain medications and their prices, and set pill and refill reminders. This information is associated with your Account and is collected and used by MSC as set forth in the Privacy Policy.
Challenges and Awards
Depending on your version of the Website or Application, the Wellness Program may allow you to engage in certain challenges and receive awards based on the health-related and dietary preference information you have provided to help encourage positive health and wellness behaviors. Each challenge will have a certain number of points, and you may be eligible to redeem your points for certain prizes provided by your third-party sponsoring organization. MSC is not responsible for the prizes associated with your completed challenges and rewards.
Push Notifications
From time to time the Website or Application may notify you via push notifications of announcements related to your use of the Wellness Program, the Website, or the Application, such as new feature announcements. You may opt out of push notifications if permitted by your browser or device settings, as applicable.
Termination of Your Account
You can deactivate your Account within the settings of the Website or Application or by contacting us using the contact information below. We may suspend or terminate your access to your Account and any part of the Wellness Program if we believe you have materially breached these Terms or if your use of the Wellness Program, the Website, or the Application otherwise presents any legal or other risk to MSC or any third party in MSC's sole discretion. If we terminate your access to the Wellness Program or if you request the deactivation of your Account, your information will no longer be accessible to you through your Account. Upon termination, all rights granted to you in these Terms will immediately cease.
Use of Your Account
You may not sell, transfer, license or assign your Account, username, or any Account rights to anyone. You are responsible for any activity that occurs through your Account. You are solely responsible for all activities undertaken by anyone utilizing your Account, whether authorized or unauthorized. You are responsible for keeping your Account password secret and secure. BY ACCESSING OR USING THE WELLNESS PROGRAM, WEBSITE, AND APPLICATION, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WELLNESS PROGRAM, WEBSITE, AND APPLICATION.
Prohibited Activities
In addition to the other restrictions outlined in these Terms, you agree that
you will not:
· Use the Wellness Program, the Website, or the Application for any purpose that is illegal, unauthorized, beyond the scope of its intended use, or engage in, encourage, promote, advocate or assist any third party in any activity that violates these Terms or is otherwise prohibited in these Terms or the terms of any third party that governs a particular service related to the Wellness Program, the Website, or the Application;
· Interfere with or disrupt servers or networks used by MSC to provide the Wellness Program, the Website, or the Application or used by other users to access the Wellness Program, the Website, or the Application, or violate any third-party regulations, policies or procedures of such servers or networks or harass or interfere with another user's full use and enjoyment of the Wellness Program, the Website, or the Application;
· Send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials to other users of the Wellness Program, the Website, or the Application;
· Solicit or attempt to solicit personal information from other users of the Wellness Program, the Website, or the Application;
· Intercept, examine, monitor or otherwise observe any proprietary communications protocol used by a device, a client or a server communicating with the Wellness Program, the Website, or the Application, whether through the use of a network analyzer, packet sniffer or other device or software, unless expressly authorized by MSC;
· Use any robot, bot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Wellness Program, the Website, or the Application or to extract data;
· Reverse-engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Wellness Program, the Website, or the Application or circumvent measures employed to prevent or limit access to any area, content, or source code of the Wellness Program, the Website, or the Application;
· Use or attempt to use another user’s account without authorization;
· Attempt to compromise any security measures or circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Wellness Program, the Website, or the Application that you are not authorized to access;
· Attempt to represent in any manner that you have a relationship of any kind with MSC or that MSC has endorsed you or any products or services without MSC’s express written consent to do so;
· Engage in or encourage, promote, advocate or assist any third party in any harassing, bullying, intimidating, predatory, or stalking activities;
· Post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other similar content via the Wellness Program, the Website, or the Application;
· Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
· Make available any content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
· Reproduce, duplicate, copy, buy, sell, trade, resell or exploit for any commercial purpose any portion of the Wellness Program, the Website, or the Application, including your Account, MSC Materials (as defined below), or access to or use of the Wellness Program, the Website, or the Application or MSC Materials without our prior written consent; or
· Develop any third-party applications that interact with other users of the Wellness Program, the Website, or the Application or the Wellness Program, the Website, or the Application themselves without prior written consent from MSC.
You further agree to abide by any third-party terms when posting reviews of MSC, the Wellness Program, the Website, or the Application, including without limitation the Apple iTunes App Store Terms of Service and the Google Play Store terms of service as applicable.
Content Ownership
Copyright 2020 Medical Security Card Company, LLC. All rights
reserved.
The ScriptSave® WellRx™ logo, SCRIPTSAVE, and other MSC trademarks, service marks, graphics and logos used in connection with the Wellness Program, the Website, or the Application are trademarks or registered trademarks of MSC or its affiliates (collectively, "MSC Marks"). Third party trademarks, service marks, graphics and logos used in connection with the Website, the Application or the Wellness Program are the trademarks of their respective owners, including but not limited to third-party sponsoring organization trademarks, service marks, graphics and logos (collectively, "Third-Party Marks"). The MSC Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of MSC or the applicable trademark holder.
Unless otherwise stated, all materials contained on or
within the Wellness Program, the Website, or the Application,
including, but not limited to, text, graphics, images, code, illustrations,
designs, icons, photographs, and written and other materials
(collectively, "MSC Materials"), as well as their selection and
arrangement, are protected by copyright, trademark, trade dress, patent, and/or
other intellectual property laws.
Subject to your compliance with these Terms, MSC grants you a limited, nonexclusive, non-sub-licensable license to access and use the Wellness Program, the Website, the Application and MSC Materials solely as made available in the Application or Website. This license is revocable at any time as further contemplated by these Terms. You may not:
· Distribute, publicly perform or publicly display any MSC Materials;
· Modify or make any derivative uses of the Wellness Program, the Website, Application, or the MSC Materials, or any portion thereof;
· Download any portion of the Website, Application, the MSC Materials or any information contained therein, except as expressly permitted by MSC pursuant to the proper use of the Wellness Program;
· Copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, MSC Materials, or any related software, except as expressly stated in these Terms; or
· Otherwise use the Wellness Program, Website, Application, or the MSC Materials other than for their intended purposes.
You may not use MSC Materials in any manner except as necessary to use the Wellness Program or the Website or Application as provided by MSC. MSC does not grant you any other right or license to use the MSC Materials. Unauthorized use of MSC Materials is a violation of these Terms, which may result in the termination of your Account, and may constitute a violation of applicable federal and state laws.
Feedback
You agree that submission of feedback, suggestions, ideas, or other information
or materials that you provide, whether by email or
otherwise regarding MSC, the Wellness Program, the
Application, the Website or any other component of the services ("Feedback") is
at your own risk and that MSC has no obligations (including without
limitation obligations of confidentiality) with respect to such Feedback. You
represent and warrant that you have all rights necessary to submit the Feedback. You
hereby grant to MSC a fully paid, royalty-free, perpetual, irrevocable,
worldwide, non-exclusive, and fully sub-licensable right and license to use,
reproduce, perform, display, distribute, adapt, modify, reformat, create
derivative works of, and otherwise commercially or non-commercially exploit in
any manner, any and all Feedback, and to sub-license the foregoing rights, in
connection with the operation and maintenance of the Wellness Program, the
Application and the Website.
Third-Party Websites and Applications
The Application and the Website may link to, or be linked to, websites, applications, features, services, and content not maintained or controlled by MSC (“Third-Party Applications”). Third-Party Applications may include but are not limited to websites and mobile applications operated by and on behalf of third-party sponsoring organizations if applicable. If you choose to access these Third-Party Applications, you may be requested to log-in and sync your accounts with such applications. You are in no way obligated to use any Third-Party Applications, your access and use of such applications is entirely at your own risk, and we have no associated liability. In addition, MSC is not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by any Third-Party Applications. As such, MSC is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party Applications.
Disclaimer of Warranties
THE WELLNESS PROGRAM, TOGETHER WITH THE APPLICATION AND THE WEBSITE, ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER MSC NOR OUR MEMBERS, SHAREHOLDERS, EMPLOYEES, MANAGERS, OFFICERS, OR AGENTS (COLLECTIVELY, THE "MSC PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE WELLNESS PROGRAM, (B) MSC MATERIALS, INCLUDING THE APPLICATION AND WEBSITE; (C) WELLNESS PROGRAM CONTENT; (D) THIRD-PARTY CONTENT; OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO MSC OR VIA THE WELLNESS PROGRAM. IN ADDITION, THE MSC PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE MSC PARTIES DO NOT REPRESENT OR WARRANT THAT THE WELLNESS PROGRAM, WEBSITE, OR APPLICATION WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE, THE APPLICATION, OR THE SERVER THAT MAKES THE WEBSITE OR APPLICATION AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE MSC PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE WEBSITE OR APPLICATION IS ACCURATE, COMPLETE, OR USEFUL OR THAT YOU WILL RECEIVE ANY ANTICIPATED SAVINGS.
MSC DOES NOT PROVIDE MEDICAL, DIETARY, OR NUTRITION SERVICES. THE WELLNESS PROGRAM IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL, DIETARY, OR NUTRITION ADVICE, DIAGNOSIS, OR TREATMENT.
YOU ACKNOWLEDGE THAT YOUR USE OF THE WELLNESS PROGRAM IS AT YOUR SOLE RISK. THE MSC PARTIES DO NOT WARRANT THAT YOUR USE OF THE WELLNESS PROGRAM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE MSC PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS.
THE MSC PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE MSC PARTIES 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 WELLNESS PROGRAM, THE WEBSITE, APPLICATION, OR YOUR ACCOUNT; (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.
Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL MSC OR THE MSC PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (A) THE USE OF, OR INABILITY TO USE, THE WELLNESS PROGRAM, ANY CONTENT OF THE WEBSITE, OR THE APPLICATION; (B) THE PROVISION OF THE WELLNESS PROGRAM, APPLICATION, OR WEBSITE, OR ANY MATERIALS AVAILABLE THEREIN; OR (C) THE CONDUCT OF OTHER USERS OF THE SERVICES, EVEN IF MSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WELLNESS PROGRAM, WEBSITE, AND APPLICATION. YOUR ONLY REMEDY AGAINST MSC FOR DISSATISFACTION WITH THE WELLNESS PROGRAM, WEBSITE, OR APPLICATION OR ANY CONTENT THEREIN IS TO STOP USING THE WELLNESS PROGRAM, APPLICATION, OR WEBSITE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL MSC’S LIABILITY TO YOU EXCEED $100.00 FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THESE TERMS OR YOUR USE OF THE WELLNESS PROGRAM, APPLICATION, OR WEBSITE OR ANY CONTENT THEREOF, EVEN IF SUCH AMOUNT SHOULD FAIL OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Dispute Resolution
Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH MSC AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Applicability of Arbitration Agreement. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity hereof, including the determination of the scope or applicability of this agreement to arbitrate (hereinafter, collectively, the "Dispute"), which cannot be resolved informally, shall be resolved by binding arbitration on an individual basis under the terms set forth below (the "Arbitration Agreement"). Notwithstanding the foregoing, in the event of any actual, alleged or threatened violation of confidentiality or violation of the other party’s intellectual property or other proprietary rights, the non-breaching party may immediately resort to court proceedings in a court of competent jurisdiction as set forth below in order to seek immediate injunctive relief without posting of a bond, proof of damages or other similar requirement. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.
This Arbitration Agreement applies to you and MSC, and to any of the Parties' subsidiaries, affiliates, agents, employees, predecessors in interest, successors in interest, and assigns, as well as all authorized or unauthorized users or beneficiaries of the Wellness Program provided under the Terms.
The arbitration proceeding will be administered by the American Arbitration Association ("AAA") before an arbitrator selected pursuant to the AAA rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys' fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY INSTEAD CHOOSE AND AGREE TO HAVE ALL DISPUTES AS SET FORTH HEREIN DECIDED THROUGH INDIVIDUAL ARBITRATION.
The place of arbitration shall be in Pima County, Arizona, unless otherwise agreed to in writing by all parties to the arbitration. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, shall govern the interpretation, enforcement and proceedings pursuant to this Arbitration Agreement. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.
Survival
This Arbitration Agreement provision will survive the termination of the Agreement and your relationship with MSC.
Time Limitation on Claims
The Parties agree that they must initiate arbitration within one (1) year after any Dispute arose; otherwise, the disputing Party's Dispute is permanently barred.
Forum and Venue
A lawsuit, if any, between you and MSC that is permissible under this Arbitration Agreement will occur in state or federal court in Pima County, Arizona. You and MSC agree that the jurisdiction and venue of these courts is exclusive.
Applicable Law
These Terms and any Dispute between you and MSC will be governed by the laws of the State of Arizona and applicable United States law, exclusive of conflict or choice of law rules.
Severability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Entire Agreement
These Terms supersede all prior understandings regarding the Wellness Program, application, and website, and their use and represent the complete agreement between you and MSC. However, your access to the Wellness Program may be subject to additional terms of the applicable third-party sponsoring organization. These Terms do not create or confer any third-party beneficiary rights. MSC may, at MSC’s sole discretion, change or modify these Terms at any time.
Contacting Us
If you have any other questions or concerns regarding these Terms, please contact us as follows:
Using the Contact Us form at https://www.medicalsecuritycard.com/contact
Or by mail at:
Medical Security Card Company, LLC
350 S. Williams Blvd.
Tucson, AZ 85711
Or by Phone at: 1-800-347-5985 or 1-520-888-8070