You (hereafter the "Customer") desire to become a participant in the At Cost Rx Prescription Savings Membership Plan (the "Membership Plan") in order to receive discounts on products provided by At Cost Rx, a Florida corporation (hereafter At Cost Rx ). At Cost Rx desires to provide the Customer membership in the Membership Plan in accordance with the terms and conditions set forth below:
Participants in the Membership Plan are entitled to receive discounts on certain pharmacy products purchased from At Cost Rx. The Membership Plan does not provide you with any discounts or benefits at any other pharmacy. The program benefits are subject to change, modification, availability, or substitution without notice. The range of discounts for drugs and other products offered under the program will vary depending on the types of products and services. Discounted items include thousands of prescriptions as well as a variety of OTC, beauty, and pet supplies. The Membership Plan does not make and is prohibited from making payments to At Cost Rx for products or services received as part of the program. Participants are required and obligated to pay for all prescriptions, OTC products, beauty supplies, and pet supplies received under the program. The Membership Plan does not provide any guarantees regarding the quality or availability of the products or services offered by At Cost Rx.
The annual cost to participate in the Membership Plan is sixty dollars ($59.99), which will be charged to the Customers credit card after the free trial period. After the thirty (30) day free trial period, the Customers credit card will be charged the annual cost. Participation in this program shall renew automatically unless Customer notifies At Cost Rx in writing of their desire not continue participating in the Membership Plan. The Customer may cancel their enrollment at any time during the free trial period by providing At Cost Rx written notice of such cancellation. The membership is not transferable or assignable. Customer and At Cost Rx agree that there are no additional third-party beneficiaries under the Membership Plan.
In order to receive the benefits the Customer shall be required to present their Membership Plan card. The Membership Plan discounts apply solely to items or services paid for entirely by the Customer using cash or credit card at the time of purchase. The Membership Plan does not make any payment to the providers of items or services purchased through Membership Plan and the Customer is entirely responsible for payment of charges.
The Membership Plan card cannot be used in conjunction with any form of insurance or health plan coverage. No bills or claims will be submitted to any insurance or health plan for any items or services purchased at a discounted At Cost Rx price. Customers receiving benefits from Medicare, Medicaid or other federal or state health care programs are ineligible for membership in the program. By joining the program the Customer affirms that he/she is not a recipient of benefits from a federal or state health care program.
The At Cost Rx Prescription Savings Membership Plan is not insurance or an insurance benefit, nor is it intended as a substitute for insurance. For MA residents: The Membership Plan does not meet the minimum creditable coverage requirements under M.G.L.c.111M and 956 CMR 5.00.
No Change in Status: You understand that your prescription medications are dispensed only in accordance with the order of your physician or other health care provider. Membership in this program does not alter or affect your ability to obtain prescription medication or your responsibility to use prescribed medication in accordance with the directions of your physician and dispensed in the sole discretion of the At Cost Rx pharmacist.
Confidentiality: At Cost Rx keeps Customer prescription information strictly confidential. For information about the privacy of patient health information, please review the At Cost Rx Notice of Privacy Practices. At Cost Rx works with agents and affiliates, also bound to strict confidentiality, to perform certain functions under this program. As an extra service to you as a part of your enrollment in this program, we may send emails, direct mailings, or telephone you with offers or information related to your pharmacy care and treatment. For these purposes, we may use outside processing companies as At Cost Rx agents but they are also bound to strict confidentiality. Your privacy is very important to us.
Liability: At Cost Rx's entire liability to the Customer shall be limited in the aggregate to the amount then having been paid by the Customer to At Cost Rx relating to the Membership Plan. Under no circumstances shall At Cost Rx be liable for any incidental, special, punitive, or consequential damages arising out of, or in connection with this agreement, or otherwise, under any legal theory, including without limitation liability for lost profits, business interruption, or loss of business, whether or not advised of the possibility of such damages.
Choice of Law: This agreement shall be governed and interpreted under the laws of the State of Florida. Both parties agree and acknowledge that jurisdiction and venue for any dispute arising under this agreement shall be in Florida state courts located in Hillsborough County, or Federal District Court for the Middle District of Florida, Tampa Division, for the purpose of any suit, action, or proceeding relating to this agreement. The parties agree that any dispute shall first be subject to mediation prior to the initiation of any court proceeding.
Severability: Whenever possible, each provision of this agreement shall be interpreted as to be effective and valid under applicable law. If any provision shall be prohibited by or invalid under applicable law, that provision will be ineffective only to the extent of the prohibition or invalidity. The remaining provisions of the agreement shall not be invalidated.
You, as the Customer, accept and agree to the terms of this agreement by completing an application, enrolling in the program, or using the Membership Plan card or Membership Plan ID#.