UBURx Terms of Service
UBURx cannot be combined with federal or state-funded programs like Medicare or Medicaid.
UBURx is NOT health insurance, is not intended as a substitute for insurance, and it does not meet any creditable coverage requirements under any state law.
UBURx offers discounts on prescriptions through its website (UBURx.com), and discount cards issued to customers (“Cards”) accessing such website. UBURx provides members (“Members”, and your status as a Member is referred to as your “Membership”) even bigger discounts on prescriptions through the Site and Cards, and by email messages (which you may elect to receive or opt out of receiving) sent to the email address associated with your account, and access to discounted telehealth services (collectively, the “Services”).
With UBURx, you’ll be able to find discounts of an average of 85% on your prescriptions off the pharmacy retail price. The range of discounts will vary depending on the type of provider (i.e., the pharmacy) and service received. UBURx does not pay providers. You are obligated to pay for all services provided by participating pharmacies. UBURx only provides discounts from participating pharmacies. You can see a current list of participating pharmacies on the Site UBURx.com. Once you are a Member, you will have access to pharmacies in the network without any waiting period.
Unless you have a discounted Membership fee, you will be charged $9.99 for the family plan each Membership Cycle prior to or at the beginning of each Membership Cycle, unless you cancel your Membership at least one day before your Membership fee is due. You will be charged to the credit card number you provided. You may cancel your Membership and update your billing details by logging into your account on The Site. Amounts paid for medications and prescriptions are not refundable. If you cancel your Membership at least one (1) day before the next Membership Fee is due, your Membership and access to the Services will terminate on the day your next Membership Fee is due. Otherwise, UBURx will bill you for an additional Membership Fee, and your Membership and access to the Services shall expire one month after your last paid Membership Fee.
You agree to fully, accurately, and truthfully create your UBURx Account when providing the Registration Data. Your UBURx Account and credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your UBURx Account or credentials, and for all activities that occur under such UBURx Account or credentials. You agree to prohibit anyone else from using your UBURx Account or credentials and agree to immediately notify UBURx Account of any actual or suspected unauthorized use of your UBURx Account or credentials or other security concerns of which you become aware. You must be at least 18 years of age to become a Member. However, a Member may add up to five (5) other people and pets who are in such Member’s immediate family (each, an “Add-On Member”). Each Add-On Member will have a separate Account and will be assigned a separate Card. Members and Add-On Members must use the Cards assigned to them, although Members and Add-On Members may use each other’s Cards interchangeably. Add-On Members may be any age, including under the age of 18; provided, however, that Add-On Members under the age of 18 may utilize the Service only with the involvement of a parent or legal guardian and as such parent or legal guardian’s Add-On Member.
Your Membership starts on the date that you sign up for a Membership and provide us with your Payment Method. You will be charged starting on the date of your Membership, unless you have a free trial period (as specified during your sign-up), and your Membership will automatically renew and continue for one (1) month periods (each, a “Membership Cycle”) unless and until you cancel your Membership or UBURx terminates it. If you have a free trial period, as specified during your sign-up for the Membership, after your trial period ends (if any), your Membership will automatically renew and continue for continuous Membership Cycles unless and until you cancel your Membership or UBURx terminates it. For example, if your Membership starts on May 12, and your trial period ends on June 12, your Membership will automatically renew for an additional Membership Cycle on June 12 unless you cancel prior to June 12, or UBURx terminates your Membership. If you cancel your Membership at least one (1) day before the next Membership Fee is due, your Membership and access to the Services will terminate on the day your next Membership Fee is due. Otherwise, UBURx will bill you for an additional Membership Fee, and your Membership and access to the Services shall expire one month after your last paid Membership Fee. Amounts paid for medications and prescriptions are not refundable. You may cancel your Membership and update your billing details by logging into your account on The Site.
Individuals, households, or members of an organization with an existing or recent UBURx membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent UBURx membership to determine eligibility. For combinations with other offers, restrictions may apply. To view more details about your plan, visit our Site and click the “Account” link to view your Account Settings page.
UBURx may change the price of your Membership, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next Membership Cycle following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the UBURx Services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Services prior to the price change going into effect.
Use of the Services
Access to Information
Information about your Prescriptions. Most prescriptions purchased in the Unites States, including prescriptions filled through the use of discount coupons, loyalty cards or insurance co-pays, result in the pharmacy reporting patient data back to the company that provides the benefit (“Claims Data”). UBURx uses and stores this Claims Data linked to the information you provide when using the Services (including without limitation your name, email address, prescription names and your address) to provide you with targeted coupons and discounts on prescriptions through your Account.
Each Member and Add-On Member may view their own prescription history on the Site. If you are a Member, you may automatically view the prescription history of Add-On Members who are under the age of 14, and you may view the prescription history of Add-On Members who are over the age of 13 only with the permission of the Add-On Member (which permission you may request through the Site). If you view the prescription history of Add-On Members, or you request that a mail delivery prescription be fulfilled on behalf of a family member or dependent, you represent and warrant that you have permission to do so and to view the prescription information related to your request and your family member. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. UBURx fully honors patient freedom of choice, and if you receive a prescription for a medication, you always have the option to instruct UBURx to transmit that prescription to the pharmacy of your choice.
If you cancel your Membership, you may request that we delete your Claims Data by calling 1-888-973-4476.
Restrictions on Use
Whether you are a Member or an Add-On Member, you agree not to use the Services in a way that is, in UBURx’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 UBURx from time to time, remove any copyright, trademark or other proprietary notices from any portion of the Services (including any discount coupons or other Member-only 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 UBURx if you learn of any security breach related to the Services.
You agree that any prescriptions or pharmaceutical products that you acquire or obtain through the Site or Services will be solely for your (or your family member’s or dependent’s, as applicable to whom the prescription is written for) personal use. UBURx may cancel, suspend, or terminate your access to the Site and the Services at any time and for any reason, including any violation of these Terms.
No Medical Advice by UBURx
The Providers are independent of UBURx and are merely using the Site or Serviceas a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from UBURx. Your interactions with the Providers via the Site or Service are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither UBURx, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service, or provide a link to the Site or Service, shall be liable for any professional advice obtained from a Provider via the Site, nor any information obtained on the Site. UBURx does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.
UBURx does not make any representations or warranties about the training or skill of any Providers who deliver services via the Site or Service. You will be provided with an available Provider based solely on the information you submit to the Site or Service. You are ultimately responsible for deciding to accept the services of your particular Provider.
The content of the Site, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by UBURx. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by UBURx, or in connection with any communications supported by UBURx, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. While UBURx facilitates your selection of, and communications with Providers through HealthSapiens, UBURx does not provide medical services, and the doctor-patient relationship is between you and the Provider.
All other content available through the Services and the Site are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of the Site.
UBURx does not recommend or endorse any specific prescription drug or pharmacy that may be mentioned on the Site. Reliance on any information provided by UBURx, UBURx employees or others is solely at your own risk.
Fees and Payments
By starting your Membership, you authorize UBURx to charge your Payment Method a membership fee at the then current rate, which may change from time to time (the “Membership Fee”), on the first day of each Membership Cycle until your Membership is cancelled, placed on hold or terminated. UBURx reserves the right to change the timing of its billing, provided that UBURx will adjust the amount it bills in accordance with any such change.
If UBURx does not receive the Membership Fee from you, UBURx may terminate your access to the Services. All fees are non-refundable, unless otherwise provided in these Terms. As between you and UBURx, UBURx reserves the right to revise any fees at any time in UBURx’s sole discretion.
If a Membership Fee is not successfully settled, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated, including in the event you attempt to create a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.
UBURx will bill the Membership Fee to you through a third party provider (currently, Network Merchants, Inc.) UBURx uses to process payments for the Services from your financial service provider. The third party provider alone collects and manages your payment information, including without limitation any credit card numbers; UBURx does not store or have access to any of your payment information. You may have the option of establishing a payment account with the third party provider to facilitate recurring payments, which would then be subject to separate terms and conditions.
Collection and Use of Your Information
By registering as a Member, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
Intellectual Property Rights
Copyright © 2021 Health Sapiens LLC, Inc. All Rights Reserved.
For purposes of these Terms, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services available only to Members utilizing the Services.
By accepting these Terms, you acknowledge and agree that all content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of UBURx and/or its Affiliates. You are only permitted to use the content as expressly authorized by UBURx or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content in any form or by any means without prior written permission from UBURx or the specific content provider, and you are solely responsible for obtaining permission before reusing any content. Any unauthorized use of content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither UBURx nor its Affiliates warrant or represent that your use of content will not infringe the rights of third parties.
The following are registered trademarks or service marks of UBURx or its Affiliates: UBURx. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of UBURx or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of UBURx or its Affiliates.
Term and Termination
UBURx reserves the right to modify or terminate the Services, your status as a Member, your Add-On Members’ status as such and access to the Services and/or your access to the Services by terminating or deactivating your Account or canceling your Membership for any or no reason, without notice, at any time and without liability to you. If your Membership is terminated, you may still have access to your Account, and we may retain any content that you posted or data that you generated through your Account and use of the Services or delete it, and all rights granted to you in these Terms will immediately cease.
Third Party Content
The Services may link you to other sites and services on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other third parties. These sites and services may contain information or material that some people may find inappropriate or offensive. These other sites, services and parties are not under UBURx’s control, and you acknowledge that UBURx and its Affiliates are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the materials or substance of such sites and services, nor are UBURx or its Affiliates responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Site or party by us, or any warranty of any kind, either express or implied.
Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
Participation in Promotions
From time to time, the Services may include additional discounts offered by third parties shown here. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
Disclaimer of Warranties
ALL CONTENT AND SERVICES ARE PROVIDED TO MEMBERS ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, UBURx MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY SERVICES, OR DISCOUNTS PROVIDED FROM UBURx OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
INFORMATION AVAILABLE THROUGH THE SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED THEREIN TO STOP PROVIDING MAIL DELIVERY SERVICES, AND TO SWITCH OUR ASSOCIATED THIRD PARTY CONTRACTORS AND VENDORS, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
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 WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Services, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, CONTENT, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICES OR THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
You understand and agree that temporary interruptions of the Services available through this Site 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 available on this Site 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. UBURx 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
UBURx SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE PHARMACIES OR OTHER THIRD PARTIES LISTED ON OUR SITE. IN NO EVENT SHALL UBURx OR AN AFFILIATE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT UBURx HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, UBURx SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF MEMBERSHIP FEES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES OR PRODUCTS, OR LINKED WEBSITES IS TO STOP USING THE SITE OR THOSE SERVICES OR PRODUCTS.SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF UBURx TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $50 (FIFTY DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
Upon a request by UBURx, you agree to defend, indemnify, and hold UBURx and its Affiliates harmless from all liabilities, claims and expenses, including attorney’s fees, that arise from your use or misuse of the Site, the Services, or any products or prescriptions obtained through the Site or Services. UBURx reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with UBURx in asserting any available defenses.
This Site (excluding any linked sites) is controlled by us from our offices within New York, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of New York, by accessing this Site both of us agree that the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of products and services available through this Site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of New York with respect to such matters.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at [email protected], if by email, or to UBURx (HealthSapiens Company), 757 Third Ave 20th Floor, New York, NY, 10017 if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Services or Site to inform you of changes to the Services or Site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
From time to time, UBURx may allow you to submit user feedback and testimonials (“Testimonials”) about your experience with UBURx. Testimonials includes all feedback submitted via any channel, including but not limited to via the Site, email, survey and customer service communications. By submitting a Testimonial, you agree that UBURx may use your Testimonial, including in edited and partial form, together with your name, location, and any other personal information you provide in any and all forms of marketing and promotional material including, without limitation, website publication, print ads, online ads, television ads, radio ads, and for any and all other uses.
UBURx may send pricing information and coupons via communications including but not limited to email and text messaging. By becoming a Member of UBURx, you are consenting to be contacted with prescription- related information. You acknowledge that there may be some risk that the information in the communication(s) could be read by a third party.
In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
Please contact us at [email protected] with any questions regarding these Terms