Last updated: August 25, 2020
THIS AGREEMENT CONTAINS A PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE SEE APPLICABLE LAW AND DISPUTE RESOLUTION FOR INFORMATION.
When you use the Online Services or send e-mail to us, you are communicating with us electronically. You agree that Super may contact you by telephone, e-mail or text messages (including an automatic telephone dialling system) at any of the phone numbers provided by you or on your behalf in connection with a Super account, including for marketing purposes. Message and data rates may apply. You consent to receive communications from us electronically. You may opt out of receiving text messages from Super at any time, either by replying “STOP” to messages sent via a short code (i.e., a 5- or 6-digit phone number), by following the instructions in the communications you receive using the mobile device that is receiving the messages, or by updating your preferences in your Account on our webpage. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through the Online Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, along with the compilation of such content, is the property of Super or its content suppliers, and is protected by United States copyright laws, and may be subject to other intellectual property protections, including patent and trademark rights under U.S., other national laws, or international law.
Super retains all copyright and other proprietary rights in the contents of this Website and the Online Services (the “Content”). Elements of the Content are protected by copyright, trade dress and other laws, and may not be copied or imitated in whole or in part. Nothing shall be construed as granting you any license under any patent, trademark or copyright of Super or any third party. Certain portions of the Online Services contain information supplied and updated by third parties, or include links to third-party sites. Super is not responsible for, and makes no warranty as to the accuracy of, such information or sites.
Super claims no ownership in, nor any affiliation with, third-party trademarks or brand names that may appear on this site. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of Super should be inferred from their use. You are not permitted to use the trademarks displayed on the Online Services without the prior written consent of Super or the third party that may own the trademarks.
No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without Save.Health’s prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content contained in the Online Services or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.
We may require that you create an Account to access or use some or all of the Online Services. By creating an Account, you agree to: (a) provide accurate and current information; and (b) maintain and promptly update such information to keep it accurate and current. If you provide any information that is false, inaccurate, or deceptive, as determined in our sole discretion, we may suspend or terminate any Account you establish, decline to provide you with the Online Services, and/or refuse any or all current or future use of the Online Services or any portion thereof.
If you create an Account, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You may not share your Account and password with anyone. You agree that you are responsible for all activities that occur under your Account or password, even if not authorized by you. You must notify us immediately of any breach of security or unauthorized use of your Account.
When using the Online Services, you agree to:
comply with all applicable laws, rules, and regulations;
not take any action that interferes with the proper working of the Online Services, compromises the security of the Online Services, or otherwise damages the Online Services or any materials and information available through the Online Services;
not solicit the performance of any illegal activity or other activity that infringes our rights or the rights of others;
not attempt to gain unauthorized access to any portion or feature of the Online Services, to any other systems or networks connected to the Online Services, to any of our servers, or to any of the services offered on or through the Online Services, including but not limited to by hacking, password “mining”, or any other unauthorized means;
not probe, scan, or test the vulnerability of the Online Services or any network connected to the Online Services;
not attempt to breach the security or bypass the authentication measures on the Online Services or any network connected to the Online Services;
not upload any viruses or other malicious code to the Online Services;
not use the Online Services, or any service or information made available or offered by or through the Online Services, in any way where the purpose is to reveal any information, other than your own information or information that we make available to you through the Online Services; and
not use any automated means to collect information or content from or otherwise access the Online Services, including but not limited to through the use of technical tools known as robots, spiders, or scrapers, without our prior permission.
SUPER IS NOT INSURANCE
SUPER IS NOT INSURANCE AND IS NOT INTENDED AS A SUBSTITUTE FOR INSURANCE. SUPER IS NOT A MEDICARE PRESCRIPTION DRUG PLAN OR A QUALIFIED HEALTH PLAN UNDER THE AFFORDABLE CARE ACT. SUPER DOES NOT MEET MINIMUM CREDITABLE COVERAGE REQUIREMENTS UNDER FEDERAL OR STATE LAW. YOU ARE OBLIGATED TO PAY FOR ALL MEDICATIONS, BUT YOU MAY RECEIVE A DISCOUNT FROM THOSE PHARMACIES THAT HAVE CONTRACTED WITH THE DISCOUNT PLAN ORGANIZATION. SAVINGS WILL VARY BY MEDICATION AND BY PHARMACY. THE DISCOUNT PLAN ORGANIZATION IS Save.Health, ONE WORLD TRADE CENTER SUITE 8500 NEW YORK, NY 10007, 1-888-291-5455, [email protected], super.com/rx.
Super does not make any payments to pharmacies to participate in the Program. Savings calculated based on the pharmacy’s usual and customary price. Super provides no warranty for any of the pricing data or other information. The Program is available to users at participating pharmacies only. No enrolment or periodic fees apply. Super reserves the right to change its prescription drug prices in real time. Super may receive a transaction fee as a result of your prescription drug purchase. Super is not sponsored by or affiliated with any of the pharmacies identified in its price comparisons. All trademarks, brands, logos and copyright images are property of their respective owners and rights holders and are used solely to represent the products of these rights holders. This information is for informational purposes only and is not meant to be a substitute for professional medical advice, diagnosis or treatment. Super is not offering advice, recommending or endorsing any specific prescription drug, pharmacy or other information on the site. Please seek medical advice before starting, changing or terminating any medical treatment.
Please note that payments that you make for medications using the Super prescription drug access program may not count toward your health insurance deductible or out-of-pocket maximums, but you can confirm that by contacting your health plan. If you are a Medicare Part D beneficiary, then payments that you make for medication using the Super prescription drug access program will not count toward your Medicare Part D True Out-of-Pocket (TrOOP) cost-sharing obligation.
You have the right to cancel your access to the Online Services at any time as described in the “Termination” section. You may request a written list of pharmacies participating in the Program in your area, including name, address and phone number, by contacting us as indicated in the “Notices” section.
You may file a complaint regarding any matter relating to the Super prescription drug access program or your use of the Online Services at any time by calling 1-888-291-5455, emailing [email protected] or writing to Save.Health, one world trade center suite 8500 New York, NY 10007. We will acknowledge your complaint within ten business days after receiving your complaint. We will investigate your complaint and provide you with the results of our investigation within thirty business days after receiving your complaint.
If you remain dissatisfied after completing the foregoing complaint process, you may wish to contact your state insurance department. We will provide contact information for your state insurance department upon request.
PRESCRIPTION DRUG PRICING AND CHARGES
Super reserves the right to change its prescription drug prices in real time based on supply and demand trends, the location of the customer, the customer’s historical purchases and any other factors that may have an impact on Save.Health’s cost structure. Super will always honor the price reflected at the time that the customer purchases a medication, however, Super reserves the right to cancel a transaction and provide you with a refund if the underlying cost of the prescription drug changes significantly after you have purchased your medication. Your final price is based on the medication you pick up at the pharmacy. If you pick up a different form, dosage, or quantity, you will be charged or credited the difference.
APPOINTMENT OF SUPER AS YOUR AGENT
DESIGNATED RECIPIENT OF PROTECTED HEALTH INFORMATION
Super provides a variety of healthcare management services designed to reduce the cost of your healthcare and facilitate your healthcare-related interactions with physicians, pharmacies, insurance providers and pharmacy benefit managers (“PBMs”) (collectively, “Providers”). By creating an account, I hereby direct my Providers to transmit, share or disclose protected health information about me, including my name, birthdate, demographic information, medical and treatment information, prescription and over-the-counter medication information and history, current prescriptions, and information regarding my health insurance coverage, co-pay and deductible amounts to Super at [email protected]. I make this direction pursuant to my rights of access under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), 45 C.F.R. § 164.524(c)(3)(ii).
USE OF PROMOTIONS AND SUPER MEMBERSHIPS
YOUR HEALTHCARE CHOICES
As outlined above, Super acts as your agent in facilitating a variety of healthcare-related interactions with your Healthcare Providers, but only to the extent that those interactions are initiated by you. You remain responsible for your healthcare choices and decisions. The Online Services are designed to offer you with additional choices and options regarding your healthcare—not limit those choices and options. Prescription medications purchased through Super may be more or less expensive than your co payment or co-insurance for prescription medications through your healthcare or insurance provider, including Medicare, Medicaid, or any other government health care program, or through other prescription discount programs. You should consult with your healthcare, pharmacy or insurance provider to determine the prescription medication and purchase option that works best for you. You may always choose to obtain healthcare products and services through channels other than the Online Services and from Healthcare Providers that do not have arrangements with Save.Health.
DISCLOSURE OF FINANCIAL RELATIONSHIPS
Super may receive compensation from its pharmaceutical manufacturer partners for providing marketing and adherence services.
NO PRACTICE OF MEDICINE
The Online Services are not intended to be, and must not be taken to be, the practice of medicine, pharmacy or the practice of other healthcare services by Save.Health. Use of the Website or the Online Services does not create a physician/patient or provider/patient relationship with Save.Health. Super is not recommending or endorsing any specific prescription drug, pharmacy or health care provider. Please seek medical advice before starting, changing or terminating any medication or prescription.
LINKS TO OTHER WEBSITES
The Online Services may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on or through the Online Services does not imply approval or endorsement of the linked website by us. If you decide to leave this Website or the Online Services and access these third-party websites, you do so at your own risk.
WARRANTY EXCLUSIONS, LIMITATION OF LIABILITY, AND INDEMNIFICATION
EXCLUSIONS AND LIMITATION OF LIABILITY:
IN NO EVENT WILL SUPER BE LIABLE FOR ANY SPECIAL, EXTRAORDINARY, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, LOST PROFITS, LOSS OF OPPORTUNITY, BUSINESS INTERRUPTION, PERSONAL INJURY OR DEATH, OR ANY OTHER LOSS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THE ONLINE SERVICES, EVEN IF SUPER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, AS A RESULT OF OR IN CONNECTION WITH ANY USE OF THE ONLINE SERVICES SUPER BECOMES LIABLE TO THE PURCHASER OR ANY OTHER PERSON FOR ANY DAMAGES, LOSSES, COSTS, EXPENSES, OR OTHER LIABILITIES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (IN CONTRACT, TORT OR PURSUANT TO STATUTE), THEN Save.Health’S AGGREGATE LIABILITY WILL BE LIMITED TO AN AMOUNT EQUAL TO THE PURCHASE PRICE PAID FOR THE PRESCRIPTION VOUCHER.
The exclusion of certain conditions and warranties and time limitation of certain liability is prohibited in some jurisdictions. In the event some jurisdictions do not allow the exclusion or limitation of damages to the extent indicated above, our liability in such jurisdictions shall be limited to the extent permitted by law.
YOU AGREE TO NOTIFY SUPER IF YOU STOP USING A PHONE NUMBER THAT YOU HAVE PROVIDED TO US WITH THE UNDERSTANDING THAT YOU WILL BE RECEIVING TEXT MESSAGES FROM SUPER. YOU AGREE TO INDEMNIFY SUPER FOR TEXT MESSAGING CHARGES AND FEES THAT MAY RESULT FROM YOUR FAILURE TO PROVIDE SUCH NOTIFICATION TO SUPER.
TERMS FOR THE Save.Health MOBILE APPLICATION
Along with the rest of the Terms, this section describes certain rights, obligations, and commitments applying to your use of the Save.Health mobile application.
This license does not allow you to use the Save.Health mobile application on a device that you do not own or control, and you may not distribute or make the Save.Health mobile application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Save.Health mobile application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Save.Health mobile application, any updates, or any part thereof.
We do not warrant that a third party cannot decrypt your information should a third party come into possession of your device on which you have downloaded the Save.Health mobile application. We suggest that you use all security features of your device, including any password or locking function, to protect your device and the confidentiality of your information.
To the extent that the Save.Health mobile application may utilize third-party wireless networks, we cannot guarantee that your communications will not be intercepted by others. You agree that we will not be liable for any damages for any loss or disclosure of personal information occurring in communication over networks outside our control.
From time to time we may issue updates to the Save.Health mobile application through the Online Store from which you download the Save.Health mobile application, and a notification may be sent to your device. Depending on the update, you may not be able to use the Save.Health mobile application until you have downloaded the latest version of the Save.Health mobile application and accepted any new terms.
The Save.Health mobile application is subject to transmission limitation or interruption.
You agree that we may automatically update the Save.Health mobile application for various reasons, including, but not limited to, improving the Services or improving the security of the Save.Health mobile application.You understand that the uploading of information to your mobile device in connection with the Save.Health mobile application is at your own risk and that we are not responsible for unauthorized access to or use of any personal or other information. All information uploaded to the Save.Health mobile application may be stored on your mobile device and you understand that the security and safety of your mobile device is your sole responsibility.
You acknowledge that the laws and regulations of the United States and other countries may restrict the export and re-export of the Save.Health mobile application. You agree that you will not export or re-export the Save.Health mobile application in any form or to any recipient whether inside or outside the United States in violation of applicable United States and foreign law. By downloading the Save.Health mobile application, you represent and warrant that (i) you are not located in a country that is subject to a U. S. Government embargo, or that has been designated by the U. S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U. S. Government list of prohibited or restricted parties.
The Software, the features, functionality, methods of operation, user interface and content of the Software, the Documentation, this License Agreement, all user names and passwords for access to the Software and any information regarding planned modifications or updates to the Software or other Company products and services is Company’s confidential information (“Confidential Information”). You shall only use our Confidential Information as authorized by the Company in writing.You agree not to share any of our Confidential Information with any third party without our prior written permission. Without limiting the foregoing, you may not allow any third party to view or use the Software with any third party or discuss the existence, features or functionality of the Software with any third party.
APPLICABLE LAW AND DISPUTE RESOLUTION
By accessing the Online Services, you and Super agree that all matters relating to your access to, or use of, the Online Services shall be governed by the statutes and laws of the State of New York, without regard to its conflicts of laws principles. Super makes no representation that materials contained in the Online Services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Online Services from other locations do so on their own initiative, and are responsible for compliance with local laws.
Any dispute or claim relating in any way to your use the Online Services will, to the extent permitted by law, be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
AS AN EXCEPTION TO THIS ARBITRATION PROVISION, EITHER YOU OR SUPER MAY PURSUE IN SMALL CLAIMS COURT ANY CLAIM THAT IS WITHIN THAT COURT’S JURISDICTION SO LONG AS SUCH CLAIMS ARE BROUGHT ONLY ON AN INDIVIDUAL BASIS.
NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN THE STATE AND FEDERAL COURTS LOCATED IN NEW YORK, IN ORDER TO PROTECT ITS RIGHTS PENDING AN OUTCOME IN ARBITRATION.
YOU AND SUPER ALSO AGREE TO ARBITRATE IN EACH OF YOUR AND OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.
IF YOU INITIATE ARBITRATION, YOUR ARBITRATION FEES WILL BE LIMITED TO THE FILING FEE SET FORTH IN AAA’S CONSUMER ARBITRATION RULES. REGARDLESS OF WHO INITIATES ARBITRATION, SUPER WILL PAY YOUR SHARE OF ARBITRATION FEES (NOT INCLUDING YOUR ATTORNEYS’ FEES) UP TO A MAXIMUM OF $2,500. IF THE ARBITRATOR RULES AGAINST Save.Health, IN ADDITION TO ACCEPTING WHATEVER RESPONSIBILITY IS ORDERED BY THE ARBITRATOR, SUPER WILL REIMBURSE YOUR REASONABLE ATTORNEYS’ FEES AND COSTS UP TO A MAXIMUM OF $5,000, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF YOUR CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH.
IN ADDITION, IF THE ARBITRATOR RULES IN Save.Health’S FAVOR, IT WILL NOT SEEK REIMBURSEMENT OF OUR ATTORNEYS’ FEES AND COSTS, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF YOUR CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH.
To help resolve any issues between us promptly and directly, you and Super agree to begin any arbitration within one year after a claim arises; otherwise, the claim is waived.
It is important that you understand that by entering into this agreement, both you and Super are each waiving the right to a trial by jury or to participate in a class action against the other party for claims that are covered by this “Applicable Laws and Disputes” section. The arbitrator’s decision will be conclusive and binding and may be entered as a judgment in any court of competent jurisdiction.
One World Trade Center Suite 8500
New York, NY 10007 SURVIVAL
One World Trade Center Suite 8500
New York, NY 10007