Last updated: August 12, 2019
NO MEDICAL ADVICE: Neither Savings SeekerRx, the Website, nor the Services should be used for medical problems or conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone.
ARBITRATION NOTICE: These Terms contain a binding arbitration provision. Except for certain types of disputes described in the arbitration clause below, you agree that all disputes between you and Savings Seeker will be resolved by mandatory binding arbitration and you waive any right to participate in a class-action lawsuit or class-wide arbitration.
Modifications of these Terms
We may, at our sole discretion, revise these Terms from time to time. The most current version of these Terms will be made available to you on the Website and can be accessed here: www.SavingsSeekerRx.com/terms-of-use. All changes will be effective immediately upon posting to the Website. We encourage you to periodically review these Terms.
If we make material changes to these Terms, we will notify you on the Website by posting a conspicuous notice.
When we do change these Terms, we will also revise the “last updated” date. Your continued use of the Website after such date constitutes your agreement to these Terms and any updates.
Savings SeekerRx Services
Savings SeekerRx is a discount prescription drug card. Your access to these discounts is facilitated by a card which may be accessed on or printed from the Website (the "Card").
If you have prescription drug insurance coverage, you can use your Card for certain prescriptions that are not covered by your insurance or for savings for your family members that are not covered by insurance. If you do not have prescription drug insurance coverage, you can use your Card for savings on many brand name or generic prescriptions you or a household member pays for out-of-pocket unless other restrictions apply.
There is no fee to obtain or use the Card. However, you will be responsible for paying the discounted cost of the prescription drugs as specified by the participating pharmacy.
DISCOUNT ONLY - NOT INSURANCE. The Card is NOT a health insurance policy and is not intended as a substitute for health insurance.
The Card allows you to obtain discounts on prescription drugs and/or pharmaceutical products purchased through Savings SeekerRx-participating pharmacies.
You are required to pay for the cost of all prescription drugs at the time of purchase. Savings Seeker and any third-party sponsoring organizations do not make payments to any pharmacy or health care provider.
To obtain discounts through the Savings SeekerRx, you will need to present your Card before you pay for any prescription or other product. The range of the discounts will vary depending on the prescription drug or other product and the participating pharmacy. Savings Seeker does not guarantee the quality of the services or products offered by individual participating pharmacies.
Information on participating pharmacies is located at www.SavingsSeekerRx.com/pharmacies or by calling 1- 877-728-7335 toll free.
Inquiries regarding available discounts can be made by calling 1- 877-728-7335 toll free.
You agree that you are responsible for all phone and data charges you incur through the use of Services.
We reserve the right to refuse access to the Services to anyone for any reason at any time, without notice or liability to you.
Operator and Contact Information
The Card and Services are administered by Savings Seeker located at 1564 Northeast Expressway, Atlanta, GA 30329. Toll Free: 1- 877-728-7335. The Savings SeekerRx website is accessible at www.SavingsSeekerRx.com.
If you have any other questions or concerns regarding these Terms, please contact us at 1- 877-728-7335 toll free. Alternatively, you may write to us at 1564 Northeast Expressway, Atlanta, GA 30329 ATTN: Savings SeekerRx Support.
Modification and Availability of Services
We reserve the right to, in our sole discretion, modify or terminate the Services or any feature or function for any reason at any time and without notice or liability to you. The services made available using the Card or Website may change at any time without notice to you. Some services may not be available in certain areas.
BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.
Prohibited Uses and Activities
In addition to the other restrictions outlined in these Terms, you agree that you WILL NOT engage in any of the following prohibited uses and activities:
- Use the Card or Services for any purpose that is illegal under any foreign, federal, state, or local laws or regulations;
- Use the Card or Services for any purpose that is unauthorized, beyond the scope of their intended use, or engage in, encourage, promote, advocate or assist any third party in any activity that violates these Terms or is otherwise prohibited in these Terms or the terms of any third party that govern a particular Service;
- Solicit or attempt to solicit personal information from other users of the Card or Services;
- Send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials to other users of the Card or Services;
- Engage in or encourage, promote, advocate or assist any third party in any harassing, bullying, intimidating, predatory, or stalking activities;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Interfere with or disrupt telephone lines, servers, or networks used by Savings Seeker to provide the Card or Services or used by other users to access the Services, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user's full use and enjoyment of the Card or Services;
- Intercept, examine, monitor or otherwise observe any proprietary communications protocol used by a device, a client or a server communicating with the Services, whether through the use of a network analyzer, packet sniffer or other device or software;
- Use any robot, bot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data;
- Reverse-engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Card or Services or circumvent measures employed to prevent or limit access to any area, content, or source code of the Card or Services;
- Attempt to compromise any security measures or circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
- Reproduce, duplicate, copy, buy, sell, trade, resell or exploit for any commercial purpose any portion of the Card or the Services, including Savings Seeker Materials (as defined below), or access to or use of the Card, Services or Savings Seeker Materials without our prior written consent; and
- Develop any third party applications that interact with other users of the Services or the Services themselves without prior written consent from Savings Seeker.
Complaints and Cancellation
You may file a complaint regarding the Card or the Services at any time by contacting Customer Care toll free at 1-877-728-7335.
If you are not satisfied with the resolution of your issue after going through our complaint process, you may contact your state's regulatory body of prescription discount programs (if applicable).
Since the Savings SeekerRx requires no fee to enroll or participate, there is no fee to refund.
Program and Related Materials
Savings SeekerRx name, Savings SeekerRx logo, and all other Savings SeekerRx Trademarks, service marks, graphics and logos used in connection with the Card or Services are trademarks or registered trademarks of Savings Seeker or its affiliates (collectively, "Savings Seeker Marks").
Third party trademarks, service marks, graphics and logos used in connection with the Application or the Services are the trademarks of their respective owners (collectively, "Third-Party Marks").
The Savings Seeker Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Savings Seeker or the applicable holder of the Third-Party Mark.
The Services, all materials contained on or within the Card, the Services, or the Website, including, but not limited to, text, audio, video, graphics, charts, images, code, illustrations, designs, logos, icons, photographs, diagrams, software, computer code, data, and written and other materials, as well as their selection and arrangement (collectively, "Savings Seeker Materials"), are exclusively the property of Savings Seeker or, as applicable, its suppliers and licensors, and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws.
Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Savings Seeker or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. Except as expressly described in these Terms, no licenses or other rights, express or implied, are granted by Savings Seeker to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Savings Seeker.
Copyright © 2019 Savings Seeker. All rights reserved.
Subject to your compliance with these Terms, Savings Seeker grants you a limited, nonexclusive, non-sub-licensable, non-transferable, non-assignable license to access and use the Services and Savings Seeker Materials for your own personal purposes solely as made available on the Website. This license is revocable at any time as further contemplated by these Terms. You may not:
- Distribute, publicly perform or publicly display any Savings Seeker Materials;
- Modify or make any derivative uses of the Card, Services or Savings Seeker Materials, or any portion thereof;
- Download any portion of the Card, Services, Savings Seeker Materials, or any information contained therein, except as expressly permitted by the Services;
- Copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Savings Seeker Materials, the Card, the Services, the Website or any related software, except as expressly stated in these Terms; or
- Otherwise use the Card, the Services or Savings Seeker Materials other than for their intended purposes.
You may not use Savings Seeker Materials in any manner except as necessary to use the Card or the Services as provided by Savings Seeker in accordance with these Terms. Savings Seeker does not grant you any other right or license to use the Savings Seeker Materials. Unauthorized use of Savings Seeker Materials is a violation of these Terms and may constitute a violation of applicable federal and state laws.
Disclaimer of Warranties
THE CARD, THE SERVICES, THE SAVINGS SEEKER MATERIALS, AND THE WEBSITE ARE PROVIDED "AS IS", "AS AVAILABLE", "WITH ALL FAULTS", AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER SAVINGS SEEKER NOR OUR AFFILIATES, MEMBERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, CONTRACTORS, MANAGERS, OFFICERS, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE "SAVINGS SEEKER PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE CARD OR THE SERVICES; (B) THE SAVINGS SEEKER MATERIALS, INCLUDING THE WEBSITE; (C) SERVICES CONTENT; (D) THIRD-PARTY CONTENT; OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO SAVINGS SEEKER OR VIA THE SERVICES. IN ADDITION, THE SAVINGS SEEKER PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE SAVINGS SEEKER PARTIES DO NOT REPRESENT OR WARRANT THAT THE CARD, SERVICES, OR WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVERS THAT MAKES THE SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE SAVINGS SEEKER PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE CARD OR SERVICES IS ACCURATE, COMPLETE, OR USEFUL OR THAT YOU WILL RECEIVE ANY ANTICIPATED SAVINGS. SAVINGS SEEKER IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF TELECOMMUNICATIONS, THE INTERNET, WIRELESS NETWORKS, AND ELECTRONIC COMMUNICATIONS. SAVINGS SEEKER IS NOT RESPONSIBLE FOR ANY DELAYS, INACCURACIES, DELIVERY FAILURES, OR OTHER FAILURES OR DAMAGE RESULTING FROM THOSE PROBLEMS OR ANY OTHER PROBLEMS OUTSIDE OF SAVINGS SEEKER’S REASONABLE AND DIRECT CONTROL, INCLUDING WITHOUT LIMITATION TELECOMMUNICATIONS SERVICES, THE INTERNET, YOUR WIRELESS NETWORKS, AND ANY THIRD-PARTY SOFTWARE.
YOU ACKNOWLEDGE THAT YOUR USE OF THE CARD, SERVICES, AND WEBSITE IS AT YOUR SOLE RISK. THE SAVINGS SEEKER PARTIES DO NOT WARRANT THAT YOUR USE OF THE CARD, SERVICES, OR WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE SAVINGS SEEKER PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.
THE SAVINGS SEEKER PARTIES DO NOT ENDORSE ANY CONTENT OF THE CARD, SERVICES, OR WEBSITE AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
WE MAKE NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS OR USE THE SERVICES FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.
NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM SAVINGS SEEKER OR IN ANY MANNER FROM THE SERVICES CREATES ANY WARRANTY.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE SAVINGS SEEKER PARTIES FROM AND AGAINST ANY AND ALL CHARGES, CLAIMS, DAMAGES, LOSSES, COSTS, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) INCURRED AS A RESULT OF OR ARISING FROM ANY CLAIM, COMPLAINT, ALLEGATION, LAWSUIT OR DEMAND ARISING OUT OF OR RELATING IN ANY WAY TO (A) YOUR ACCESS TO OR USE OF THE CARD ORTHE SERVICES; (B) YOUR MISUSE OF OR RELIANCE ON ANY MATERIAL, DATA, OR OTHER DOCUMENTATION OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED FROM THE SERVICES; (C) YOUR SUBMISSION OF INFORMATION (INCLUDING PERSONAL INFORMATION) USING THE SERVICES; (D) YOUR VIOLATION OF THESE TERMS; (E) YOUR VIOLATION OF THE RIGHTS OF ANOTHER, INCLUDING, WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY RIGHT OR PUBLICITY, CONFIDENTIALITY, PRIVACY, OR PROPRIETARY RIGHT; OR (F) YOUR VIOLATION OF ANY STATUTES, CODES, ORDINANCES, LAWS, RULES, REGULATIONS, INCLUDING, WITHOUT LIMITATION, ALL REGULATORY, ADMINISTRATIVE, AND LEGISLATIVE AUTHORITIES. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.
Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL SAVINGS SEEKER OR THE SAVINGS SEEKER PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE CARD, THE SERVICES, THE WEBSITE, OR ANY CONTENT OF THE SERVICES OR THE WEBSITE; (B) THE PROVISION OF THE CARD, SERVICES, WEBSITE OR ANY MATERIALS AVAILABLE THEREIN; OR (C) THE CONDUCT OF OTHER USERS OF THE SERVICES THROUGH USING YOUR CARD; EVEN IF SAVINGS SEEKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE CARD, SERVICES, AND WEBSITE.
YOUR ONLY REMEDY AGAINST THE SAVINGS SEEKER PARTIES FOR DISSATISFACTION WITH THE CARD, SERVICES, WEBSITE, OR ANY CONTENT IS TO STOP USING THE CARD, SERVICES, AND WEBSITE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE SAVINGS SEEKER PARTIES’ LIABILITY TO YOU EXCEED $100.00 FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THESE TERMS OR YOUR USE OF THE CARD, SERVICES, WEBSITE, OR ANY CONTENT, EVEN IF SUCH AMOUNT SHOULD FAIL OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH SAVINGS SEEKER AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Applicability of Arbitration Agreement
Any dispute, claim or controversy arising out of or relating to the Terms or the breach, termination, enforcement, interpretation or validity hereof, including the determination of the scope or applicability of this agreement to arbitrate (hereinafter, collectively, the "Dispute"), which cannot be resolved informally, shall be resolved by binding arbitration on an individual basis under the terms set forth below (the "Arbitration Agreement"). Notwithstanding the foregoing, in the event of any actual, alleged or threatened violation of confidentiality or violation of the other party’s intellectual property or other proprietary rights, the non-breaching party may immediately resort to court proceedings in a court of competent jurisdiction as set forth below in order to seek immediate injunctive relief without posting of a bond, proof of damages or other similar requirement. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.
This Arbitration Agreement applies to you and Savings Seeker, and to any of the parties' respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors in interest, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services provided under the Terms.
The arbitration proceeding will be administered by the American Arbitration Association ("AAA") before an arbitrator selected pursuant to the AAA rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys' fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY INSTEAD CHOOSE AND AGREE TO HAVE ALL DISPUTES AS SET FORTH HEREIN DECIDED THROUGH INDIVIDUAL ARBITRATION.
The place of arbitration shall be in Dekalb or Fulton County, Georgia, unless otherwise agreed to in writing by all parties to the arbitration. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, shall govern the interpretation, enforcement and proceedings pursuant to this Arbitration Agreement. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.
This Arbitration Agreement will survive the termination of the Terms and your relationship with Savings Seeker.
Time Limitation on Claims
The parties agree that they must initiate arbitration within one (1) year after any Dispute arose; otherwise, the disputing party's Dispute is permanently barred.
These Terms are governed by the laws of the State of Georgia and applicable United States law, exclusive of conflict or choice of law rules.
Savings Seeker will not be liable to you for any delay or other failure to perform under these Terms that is due to causes beyond Savings Seeker’s control, including without limitation acts of God, acts of a public enemy, terrorism, civil disorders, acts of the United States of America or any state, territory or political division thereof, fires, floods, earthquakes, blizzards, other extraordinary elements of nature, telecommunications failures, Internet failures, and similar causes and events.
Third-Party Websites and Services
Savings Seeker welcomes comments regarding the Services. If you submit comments or feedback to us regarding the Services, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Services.
If any provision in these Terms is deemed by a court to be invalid, void, or for any reason unenforceable, such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of the applicable rules, laws or court decisions. Any provision deemed invalid, void, or unenforceable shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.
Any waiver by us of a breach of any provision of these Terms shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms. Failure by us to insist upon strict adherence to any term of these Terms on one or more occasions shall not be considered a waiver or deprive us of the right to insist upon strict adherence to that term or any other term of these Terms in the future. Any such waiver must be in writing.
All notices, consents, and other communications permitted or required to be given under these Terms must be in writing and addressed to the recipient and will be deemed given: upon delivery if personally delivered with fees prepaid, including by a recognized courier service; upon receipt if delivered by certified or registered United States mail, postage prepaid and return receipt requested, as indicated by the date on the signed receipt; or, where you are the recipient, upon delivery by email. Please print or otherwise save a copy of these Terms and all notices, consents, and other communications for your reference.
If you have any questions or concerns regarding these Terms, please contact us at 1-877-728-7335 or view the Savings Seeker “Frequently Asked Questions” available at www.SavingsSeekerRx.com/FAQs. Alternatively, you may write to us at 1564 Northeast Expressway, Atlanta, GA 30329, ATTN: Savings SeekerRx Support.