These Terms expressly supersede any prior agreements or arrangements between you and Scripcorp LLC. Scripcorp LLC has the right, but not the obligation, to take any of the following actions for any reason without providing any prior notice to you, except where prohibited by law: (1) Change or terminate all or any part of these Terms ; (2) Change or terminate all or any part of the Services; (3) Restrict or terminate your access to all or any part of the Services; (4) Refuse, move, or remove any content that is available in the Services along with any material, data, or information you submit to the Services.
If your use of the Services is changed, restricted, or terminated for any reason: (a) these Terms will 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 as defined herein; and (b) any rights or licenses granted to us by you under these Terms a will survive such change, restriction, or termination.
Scripcorp LLC may, in its sole discretion, amend the Terms from time to time. Amendments to the Terms will be effective immediately upon Scripcorp LLC’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued or future access or use of the Services after the posting of any such amendment confirms your consent to be bound by the Terms, as amended.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Scripcorp LLC arising from your access to and use of the Services in your individual capacity in arbitration, as set forth in this section, which constitutes a binding Arbitration Agreement between you and Scripcorp LLC. This Arbitration Agreement precludes you from bringing any litigation or class, collective, or representative action against Scripcorp LLC and also precludes you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Scripcorp LLC by any third party.
Agreement to Binding Arbitration Between You and Scripcorp LLC.
You and Scripcorp LLC agree that any dispute, claim, or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation, or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you first accessed or used the Services or otherwise agreed to the Terms, will be settled by binding arbitration between you and Scripcorp LLC and not in a court of law.
You acknowledge and agree that you and Scripcorp LLC are each waiving the right to a bench trial or a trial by jury and that you are waiving the right to participate as a plaintiff or class member in any purported class, collective, or representative action or proceeding. Unless both you and Scripcorp LLC otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding.
Rules and Governing Law
Any arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
You agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining the threshold and whether issues are arbitrable, including those relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, you agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of this Arbitration Agreement that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Nevada.
A party who desires to initiate arbitration must first provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org, or by calling the AAA at 1-800-778-7879. The Arbitrator in any arbitration proceeding will be (1) a retired judge or (2) an attorney licensed to practice law in the state of Nevada and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days after delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Location and Procedure
Unless you and Scripcorp LLC otherwise agree in writing, the arbitration will be conducted virtually (online). If the reasonable value of your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Scripcorp LLC each separately submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If the reasonable value of your claim exceeds $10,000, your right to a hearing, if any, will be determined in accord with the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. An Arbitrator’s decision shall be final and binding on all parties. The prevailing party may be entitled to an award of reasonable attorneys’ fees and costs of arbitration, to the extent provided under applicable law.
The prevailing party will be responsible to pay any AAA filing, administrative, and Arbitrator fees as set forth in the AAA Rules.
Severability and Survival
If any portion of this Arbitration Agreement is found to be invalid, unenforceable, or unlawful for any reason under present or future laws, (1) the invalid, unenforceable, or unlawful provision shall be severed from these Terms; (2) severance of the invalid, unenforceable, or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement, these Terms,or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and, (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
Scripcorp LLC provides prescription discounts (“prescription discount programs”) and prescription pricing information. The prescription discount programs available via Scripcorp LLC.com, the BetterWorldRx® mobile application(s), and any other Scripcorp LLC mobile applications are provided without charge to you.
Scripcorp LLC prescription discount programs are NOT HEALTH OR MEDICAL INSURANCE. Scripcorp LLC prescription discount programs may be used instead of, but not in conjunction with, insurance. Scripcorp LLC prescription discount programs are not intended as a substitute for health insurance. The range of the discounts, if any and as available, can and will vary depending on certain factors, including, but not limited to, the prescription drug, the drug dosage, drug availability, and the participating pharmacy, if any. You are required to pay directly for any and all prescription drugs you purchase at the time of such purchase. Scripcorp LLC does not make payments to any pharmacy, insurance company, or healthcare provider. SCRIPCORP LLC PRESCRIPTION DISCOUNT PROGRAMS DO NOT MEET MINIMUM CREDITABLE COVERAGE REQUIREMENTS UNDER STATE HEALTHCARE COVERAGE REGULATIONS.
Please note that cash payments that you make for purchase of any prescription drugs or medications using Scripcorp LLC prescription discount programs may not apply to your prescription drug coverage out-of-pocket costs under an applicable insurance policy. It is recommended that you contact your insurer or healthcare coverage provider for confirmation of the foregoing, as relates to your out-of-pocket costs. If you are a Medicare Part D beneficiary, cash payments that you make for purchase of any prescription drugs or medications using Scripcorp LLC prescription discounts will not apply to your Medicare Part D cost-sharing obligation.
Scripcorp LLC prescription discount programs and prescription pricing information shown on or in Scripcorp LLC.com, the BetterWorldRx® mobile application(s), and any other Scripcorp LLC mobile applications are based on multiple sources, including, but not limited to, published price lists, purchases, claims records, and data provided by multiple pharmacies and/or their respective Pharmacy Benefits Manager (“PBM”). Scripcorp LLC prescription discount programs and prescription pricing information may change at any time and without notice. The prescription pricing information shown on or in Scripcorp LLC.com, the BetterWorldRx® mobile application(s), and any other Scripcorp LLC mobile applications, as part of the Services, are the best available estimate at the time the prescription pricing information is shown; while we believe our data to be generally accurate, we cannot and do not guarantee that the prescription pricing information shown on or in Scripcorp LLC.com, the BetterWorldRx® mobile application(s), and any other Scripcorp LLC mobile applications will exactly match the price you ultimately pay to the participating pharmacy. For an exact price on any prescription drug or medicine, please contact the participating pharmacy directly. Scripcorp LLC prescription discount programs and prescription pricing information are subject to change at any time.
Not Medical Advice
All content of the Services and Scripcorp LLC.com, the BetterWorldRx® mobile application(s), and any other Scripcorp LLC mobile applications is provided for informational purposes only. No such content provides or is meant to provide medical advice and 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 professionals or medical service providers with any questions you may have regarding your health, a medical condition, or prescription drug or medicine. Never disregard professional medical advice or delay in seeking it because of the Services or the availability thereof.
Scripcorp LLC does not recommend or endorse any specific prescription drug or pharmacy that may be listed, referenced, or mentioned in connection to the Services. Scripcorp LLC is not affiliated with any pharmacy or any prescription drug or the manufacturer or seller thereof. Reliance on any information provided by Scripcorp LLC or the Services is solely at your own risk.
If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately.
Scripcorp LLC.com, the BetterWorldRx® mobile application(s), and any other Scripcorp LLC mobile applications provide a list of charitable organizations (the “List”) from which you may select a potential recipient of a monetary donation pursuant to your use of the Services. The List, as may exist from time to time, is comprised of various and varying charitable organizations selected by Scripcorp LLC based on certain criteria, including, but not limited to, (i) public ratings as well as independent review by professional examination; (ii) ratio of administrative expense versus contribution of received donations to the charitable organization’s designated cause; (iii) the value associated with a particular cause for which the charitable organization was established to support; (iv) the historic and objective performance of the charitable organization’s management, and (v) whether the charitable organization accepts monetary donations from corporate contributors. Based on the applicable selection criteria and in Scripcorp LLC’s sole discretion, any charitable organization may be removed from the List at any time and without notice.
Your use of the Services includes your acknowledgment and understanding that Scripcorp LLC does not endorse, promote, or recommend any charitable organization, except to the limited degree necessary to include such charitable organization in the List. Scripcorp LLC is not affiliated with any charitable organization in the List.
To the extent possible and subject to these Terms, as part of the Services, Scripcorp LLC agrees to make or attempt to make a monetary donation in the amount of one and no/100 dollars ($1.00) to your selected charitable organization, subject to the following limitations:
• Your selected charitable organization accepts the monetary donation(s) from Scripcorp LLC;
• Your selected charitable organization remains on the List until the donation is effected; and
- The participating pharmacy from whom you purchased your prescription drug or medication accurately records transaction information identifying your selected charitable organization.
In the event Scripcorp LLC is unable to donate to your selected charitable organization for any reason, Scripcorp LLC may, in its sole discretion, elect to (a) attempt to donate to an alternate charitable organization of its choosing or (b) reserve the right not to donate. It is Scripcorp LLC’s intent to donate one and no/100 dollars ($1.00) for every qualified transaction with such donation(s) to be effected once per calendar quarter; however, Scripcorp LLC will make good faith, reasonable efforts to donate to your selected charitable organization as part of the Services subject to these Terms and all limitations herein, but, IN NO EVENT, IS ANY DONATION OR THE TIMELINESS THEREOF GUARANTEED, whether express or implied.
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” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SCRIPCORP LLC 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. SCRIPCORP LLC DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE OR SERVICES ARE INVULNERABLE TO OR FREE OF COMPUTER VIRUSES, WORMS, AND OTHER HARMFUL MALWARE OR SOFTWARE. IF YOUR USE OF THE SOFTWARE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SCRIPCORP LLC 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 INTERNETACCESS FEES, DATA USAGE FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. YOU HEREBY ACKNOWLEDGE THAT THE SERVICES MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICES, OR OTHER ATTACKS, TECHNICAL FAILURE OF THE WEBSITE OR MOBILE APPLICATION(S), TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND, THEREFORE, SCRIPCORP LLC EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE AND MOBILE APPLCATION USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY, OR PERFORMANCE CAUSED BY SUCH FACTORS.
Scripcorp LLC is not obligated to provide any maintenance, technical, or other support for the Services.
Network Access and Devices
You are solely responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data, as well as messaging rates and fees, may apply if you access or use the Services from your cellular phone or mobile device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and mobile applications, along with any updates thereto. Scripcorp LLC does not guarantee that the Services, or any portion thereof will function on any particular computer, hardware, or device(s). In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
The Services are only offered and available to users who are eighteen (18) years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Scripcorp LLC and meet all of the foregoing eligibility requirements.
The Services are only offered and available to users who reside in the United States or any of its territories or possessions.
If you do not meet all of these requirements, you must not access or use the Services.
Scripcorp LLC Limited License to You
Subject to your compliance with these Terms, Scripcorp LLC grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Scripcorp LLC website(s), BetterWorldRx® mobile application, and other Scripcorp LLC mobile applications solely in connection with your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Scripcorp LLC and Scripcorp LLC’s licensors.
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 Scripcorp LLC; (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 and all rights therein are and shall remain Scripcorp LLC’s property or the property of Scripcorp LLC’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Scripcorp LLC’s company names, logos, product and service names, trademarks, or services marks or those of Scripcorp LLC’s licensors.
You are not required to register or provide personal data to the Scripcorp LLC website(s), BetterWorldRx® mobile application, and other Scripcorp LLC mobile applications, in order to access the Services. In order to use some aspects of the Services, however, you will be required to specify certain personal preferences which may be recorded for the purpose of optimal functionality for the Services.
You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In certain instances, you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
User Provided Content
Scripcorp LLC may, in Scripcorp LLC’s sole discretion, permit you from time to time to submit, upload, publish, or otherwise make available to Scripcorp LLC through the Services textual, audio, and/or visual content and information, including commentary, testimonials, and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions or user created content (“User Content”). You may also submit User Content via surveys, customer service communications, and social media channels. By submitting any such User Content, you grant Scripcorp LLC a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Scripcorp LLC’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases necessary to grant Scripcorp LLC the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing, or otherwise making available of such User Content, nor Scripcorp LLC’s use of the User Content as permitted herein, will infringe, misappropriate, or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Scripcorp LLC in its sole discretion, whether or not such material may be protected by law. Scripcorp LLC may, but shall not be obligated to, review, monitor, or remove User Content, at Scripcorp LLC’s sole discretion and at any time and for any reason, without notice to you, except where prohibited.
Participation in Promotions
From time to time, Scripcorp LLC website(s), BetterWorldRx® mobile application, and other Scripcorp LLC mobile applications may include advertisements offered by third parties. 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. Scripcorp LLC assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion.
Disclaimers; Limitation of Liability; Indemnity
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SCRIPCORP LLC DISCLAIMS ANY AND 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, SCRIPCORP LLC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, 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. SCRIPCORP LLC DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF 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.
LIMITATION OF LIABILITY
SCRIPCORP LLC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF SCRIPCORP LLC, EVEN IF SCRIPCORP LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SCRIPCORP LLC 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 SCRIPCORP LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SCRIPCORP LLC SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SCRIPCORP LLC’S REASONABLE CONTROL.
THE SERVICES MAY BE USED BY YOU TO ACCESS SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT SCRIPCORP LLC HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY THIRD-PARTY PROVIDERS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, IN SUCH STATES OR JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, SCRIPCORP LLC’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON SCRIPCORP LLC’S CHOICE OF LAW PROVISION SET FORTH HEREIN.
You agree to indemnify and hold Scripcorp LLC and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Scripcorp LLC’s use of your User Content; or (iv) your violation of the rights of any third party, including Third-Party Providers.
Choice of Law
These Terms are governed by and construed in accordance with the laws of the State of Nevada, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your geographic region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Nevadans to assert claims under Nevada law whether that be by statute, common law, or otherwise. These provisions, except as otherwise provided in Arbitration Agreement above, are only intended to specify the use of Nevada law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Nevada law to you if you do not otherwise reside in Nevada. The foregoing choice of law and forum selection provisions do not apply to the Arbitration Agreement above or to any arbitrable disputes as defined therein. The Federal Arbitration Act shall apply to any such disputes.
Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the MDMCA) provides recourse for copyright owners who believe their rights under US copyright law have been infringed. If you believe in good faith that materials hosted by us infringe your copyright (for example, materials posted by a user on one of our forums,) you or your agent can send us a notice requesting that the material be removed or access to it blocked. In the event the Scripcorp LLC website(s), BetterWorldRx® mobile application, and other Scripcorp LLC mobile applications allows you to upload copyrighted material, these terms apply. If, after consulting an attorney to better understand your rights and obligations under Section 512(c) of the U.S. Copyright Act and other laws, you believe your copyright-protected work has been posted on the site or application, or in conjunction with the Services and in any way that may constitute infringement, please contact Scripcorp LLC with a notice that includes 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 and/or electronic signature.
If you believe material that you have posted to the Services has been improperly taken down, you may submit a written counter-notice to Scripcorp LLC. 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; and
• 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 Scripcorp LLC may be found, and that you will accept service of process from the person who submitted a notice in compliance with all requirements as described above.
Please send all notices and counter-notices to Scripcorp LLC, 7380 South Eastern Avenue, Suite 124-268, Las Vegas, Nevada 89123.
Please note that, under Section 512(f) of the U.S. 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.
You may not assign these Terms without Scripcorp LLC’s prior written approval. Scripcorp LLC may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of a majority of Scripcorp LLC’s equity, business, or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Scripcorp LLC, or any Third-Party Provider as a result of this Agreement, these Terms, or your use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be stricken and the remaining provisions shall be enforced to the fullest extent under law. Scripcorp LLC’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Scripcorp LLC in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.
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BetterWorldRx® is a registered trademark of Scripcorp, LLC.