You agree that the Prescription Management Apps are provided on an "As Is" and "As Available" basis. We are not liable if you are not able to access or use the Prescription Management Apps.
You represent and warrant that you are the owner or authorized user of the wireless device you use to subscribe for the Prescription Management Apps, and that you are authorized to approve any applicable charges. Use of the Prescription Management Apps may incur Short Message Service ("SMS") or data charges from your wireless carrier. You, and not Safeway or affiliated parties to the Prescription Management Apps, are responsible for payment of such charges.
1. Ownership, License & Restrictions on Use.
The content, programs, tools, and applications provided in connection with the Prescription Management Apps are the intellectual property of Safeway and/or its third party vendors. Your use of the Prescription Management Apps do not grant you any rights, either intentionally or by implication, to any of the content, program, tool, or application provided by the Prescription Management Apps; or the names, images, pictures, logos and icons identifying Safeway and its third party vendors; or its third party vendors' products and services contained on the Prescription Management Apps. Your right to use of the content, programs, tools, and applications provided by the Prescription Management Apps is personal, non-exclusive, non-sublicensable, and non-transferable. Any copying, republication, or redistribution of the content, programs, tools, or applications provided by the Prescription Management Apps, including by caching, framing or any similar means, without the prior written consent of Safeway is strictly prohibited, except you may copy the Prescription Management Apps for limited backup purposes only, where appropriate. You may not create any derivative work of any program, tool, or application; or decompile, reverse engineer, or otherwise attempt to drive source code, underlying ideas, algorithms, structure, or organization of the program, tool, or application, except to the extent required by local law to obtain interoperability with independently created computer programs or as required by other compulsory local law.
2. Third Party Licenses.
The Prescription Management Apps may contain third party content, programs, tools, and/or applications with their own license terms.
Safeway shall conclusively presume that online communications received from you through your use of the Prescription Management Apps and the registration process are accurate, complete, and authorized by you as received by Safeway. You agree not to contest the validity and binding legal effect of those communications.
On occasion, Safeway may need to contact you regarding your account, prescription availability or pick-up, prescription product information, product recalls or some other significant business issue. These communications may be marked "Special service notification: Please read."
You must be of the legal age of consent, or have the authorization of your legal guardian, to utilize the Prescription Management Apps. You must also have completed the registration process. Upon online registration, you will create a user ID and password. Please keep them secret. You are entirely responsible for any use of the Prescription Management Apps under your user ID and password. You must immediately notify Safeway of any unauthorized use of your user ID or any breach of security that becomes known to you.
For all online or mobile applications that require registration or a login, you agree to complete the initial registration process according to Safeway requirements stated on the registration page, and to provide Safeway with accurate, complete and updated information as required for the initial registration process, including, but not limited to, your legal name, billing and delivery address, email address, and appropriate telephone contact numbers. You are also responsible for updating your registration information, as necessary, if you wish to utilize the Safeway Pharmacy Online or Prescription Management Apps service.
When you sign up for any Prescription Management Apps, in order to ensure that your cell phone number is correct and your cell phone is in your possession, we carefully validate your information. If you change your cellphone number you must tell us your new number, either through the Prescription Management Apps account settings or by contacting our third-party Customer Care partner, mscripts at firstname.lastname@example.org or 1-866-475-8547. Please be aware that if your cellphone number is reassigned to a new phone customer, and you have not notified us, messages intended for you may be sent to someone else. In that case, Safeway, or any of its affiliates or third party providers, are not responsible for messages, and the content of those messages, being shared with any unauthorized person.
6. Family Members.
Users are able to add family member accounts as well as remove the ones they have added previously. The "add a family member" feature allows a single primary account holder to manage multiple family members' accounts through a single log in. The family member signup process is identical to that of any new user. If the primary user wishes to add accounts that have already been created, they will have the option to add users to their account.
A parent or guardian may use the Prescription Management Apps to manage prescriptions for a minor until that minor turns 18. When a parent or guardian registers a minor between the ages of 13 and 17 for a family member account, the Service will notify the parent or guardian that the minor may have the right, under applicable state law, to consent, and asks the parent or guardian to obtain consent before registering the minor. The parent or guardian must check a box to confirm that he or she obtained such consent from the minor. Under mscripts' current system, there is not a programmatic process to obtain the minor's consent to give his/her parent the approval to act as proxy. If a minor would prefer that his or her account be treated as private, and the minor's request is consistent with the laws of the state in which that pharmacy is located, the minor may request that access to his or her account, or to a particular prescription associated with his or her account, be restricted as private. In such a case, the minor may do so by emailing our third-party Customer Care partner, mscripts at email@example.com or by calling 1-866-475-8547.
A parent or guardian is solely responsible for providing supervision of the minor's use of any Prescription Management Apps. As a proxy, the parent or guardian assumes full responsibility for ensuring that the registration information is kept secure and that the information submitted is accurate. When the minor turns 18, we are required to remove them from the Prescription Management Apps. At that time, the user can re-register with the Prescription Management Apps independently.
To link one or more family accounts to yours, you will need to request access to his or her prescriptions through our secure process. This includes verification of your family member's email address and information from one of his or her prescriptions. You will walk through three easy steps to help verify your identity and then send a request for permission to your family member.
7. SMS (Text Message) Terms.
When you opt in to receive email, push and/or SMS (text) message reminders and refill notifications you are sending and receiving personal information on your mobile device via an unsecure channel. For this reason, we mask your prescription number by hiding the first four digits of the number. You may change your user settings to allow yourself to receive reminders and notifications with the name of your prescription displayed in plain text. This is your personal choice, and we encourage you to protect this information carefully and to be aware that others may be able to see your prescriptions on your mobile device.
8. Product Information.
Safeway may attempt to update prescription product information as and when changes come to the attention of Safeway. However, Safeway is not responsible for any inaccuracy, incompleteness, timeliness, or misstatement of any such information. You should read the prescription product information or contact the product manufacturer or distributor if you have questions or concerns.
9. Disclaimer of Warranty.
PRESCRIPTION MANAGEMENT APPS ARE A SOURCE OF INFORMATION, BUT DO NOT PROVIDE MEDICAL ADVICE NOR ARE THEY A REPLACEMENT FOR THE ADVICE OF A QUALIFIED HEALTHCARE PROFESSIONAL. THE PRESCRIPTION MANAGEMENT APPS ARE DESIGNED TO SUPPLEMENT, NOT REPLACE, THE METHODS YOU USE FOR OBTAINING DRUGS AND FILLING PRESCRIPTIONS AT YOUR PHARMACY, AND YOU REMAIN AT ALL TIMES SOLELY RESPONSIBLE, IN CONSULTATION WITH YOUR HEALTHCARE PROVIDER, FOR MANAGING YOUR MEDICATIONS, YOUR PRESCRIPTIONS AND YOUR MEDICAL CONDITIONS. BY AGREEING TO PROVIDE PRESCRIPTION MANAGEMENT APPS TO YOU, SAFEWAY IS NOT ACCEPTING ANY RESPONSIBILITY FOR MANAGEMENT OF YOUR MEDICATIONS OR YOUR RELATIONSHIP WITH YOUR HEALTHCARE PROVIDER.
THESE PRESCRIPTION MANAGEMENT APPS (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, PROGRAMS, TOOLS, AND APPLICATIONS RELATED THERETO) ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS AND SAFEWAY DOES NOT PROVIDE ANY ASSURANCES OF THE AVAILABILITY OR USABILITY BY YOU OF ANY PRESCRIPTION MANAGEMENT APPS. SAFEWAY MAKES NO REPRESENTATIONS OR WARRANTIES, WHATSOEVER, AS TO THE SUBSTANCE, OR THE ACCURACY, OR THE TIMELINESS, OR SUFFICIENCY THEREOF, OF ANY PRODUCT INFORMATION PROVIDED BY THE PRESCRIPTION MANAGEMENT APPS OR ANY OTHER SAFEWAY PHARMACY WEB SITE. SAFEWAY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE PRESCRIPTION MANAGEMENT APPS, ANY SAFEWAY PHARMACY WEBSITE OR OTHERWISE. ALL WARRANTY DISLCAIMERS ARE ALSO MADE BY SAFEWAY ON BEHALF OF ITS AFFILIATES AND THIRD PARTY PROVIDERS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
10. Limitation of Liability.
NEITHER SAFEWAY, NOR ANY OF ITS AFFILIATES OR THIRD PARTY PROVIDERS, SHALL BE LIABLE FOR ANY ERRORS IN ANY CONTENT, PROGRAM, TOOL, OR APPLICATION, OR FOR ANY ACTION TAKEN IN RELIANCE THEREON. FURTHERMORE, NEITHER SAFEWAY, NOR ANY OF ITS AFFILIATES OR THIRD PARTY PROVIDERS, SHALL BE LIABLE TO YOU FOR ANY INTERCEPTION OF ONLINE COMMUNICATIONS, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING, WITHOUT LIMITATION, VIRUSES, LOSS OF DATA, OR COMPATIBILITY CONFLICTS), OR OTHER CONSEQUENCE BEYOND THE REASONABLE CONTROL OF SAFEWAY. ANY LIABILITY OF SAFEWAY (INCLUDING ITS EMPLOYEES, AFFILIATES, AGENTS, AND THIRD PARTY VENDORS) TO YOU FOR DAMAGES, INJURIES, LOSSES AND CAUSES OF ACTION, OF ANY KIND OR NATURE, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, SHALL BE STRICTLY LIMITED TO THE AGGREGATE DOLLAR AMOUNT PAID BY YOU TO SAFEWAY IN YOUR MOST RECENT USE OF THE PRESCRIPTION MANAGEMENT APPS IMMEDIATELY PRIOR TO THE CLAIMED INJURY, LOSS OR DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN LIABILITIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Changes to Prescription Management Application Terms.
Safeway reserves the right to, from time to time, in Safeway's sole discretion, amend these Prescription Management Application Terms. You can determine the date these Prescription Management Application Terms were last amended and updated by referring to the modification date shown below. Any amendments to these Prescription Management Application Terms will apply after the applicable modification date. It is your responsibility to review these Prescription Management Application Terms from time to time to understand the extent of changes. Your continued use of the Prescription Management Apps constitutes your agreement to the then-current amended and updated Prescription Management Application Terms.
12. Prescription Management Application Terms Govern.
14. Arbitration Agreement & Waiver of Certain Rights.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Safeway will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or Safeway from seeking action by federal, state, or local government agencies. You and Safeway also have the right to bring qualifying claims in small claims court. In addition, you and Safeway retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Prescription Management Application Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Prescription Management Application Terms.
Neither you nor Safeway may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Safeway's individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of these Prescription Management Application Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Prescription Management Application Terms. This Section of these Prescription Management Application Terms will survive the termination of your relationship with Safeway.
Safeway's affiliates and third party providers are third party beneficiaries to these Prescription Management Application Terms (and may enforce any of the provisions and protections hereof, including, without limitation, the foregoing arbitration provision).
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR SAFEWAY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Last amended and updated October 29, 2014
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