Member Terms and Conditions-DesignRx LLC and/or DesignRxclusive LLC
The Applicant named on the initiating MEMBER APPLICATION or WELCOME LETTER is hereinafter referred to as the "Member".
DesignRx LLC provides access to lower pricing on certain pharmaceutical products for members that purchase qualifying prescriptions through the DesignRx® pharmacy network. DesignRx, LLC also provides administrative services for pharmacies as well as access to URAC accredited medical information for its members.
Following a thorough explanation of the DesignRx® program (from the pharmacist), and by accepting available discounts for an eligible product at the point of sale, the applicant become a Member of DesignRX, LLC and is now able to access the portfolio of services and discounted pharmaceutical products (hereinafter referred to as the "Program") solely for the Member's "Own Use" (as defined below).
DesignRx, LLC agrees to furnish the Member with certain Program information (User Information) and assist the Member in the effective use of the Program. The Member agrees to abide by the following terms and conditions:
1. Rebate Agreements. The Member agrees that DesignRx, LLC is authorized, but not obligated, to enter into agreements with vendors in order to make those agreements generally available to DesignRx®’s Members. Such agreements may contain certain terms and conditions necessary for the Member to commit to and comply with in order to purchase the products of the vendor. The Member is not obligated to make any purchase. If the Member decides to take advantage of such agreements, the Member agrees to comply with the terms and conditions of the agreements. All purchases made by Member must be made from a participating DesignRx LLC Pharmacy.
2. Own Use. The Member expressly understands and agrees that each and every qualifying purchase made from any of the DesignRx, LLC network Pharmacies, is for the Member's ultimate consumption or Own Use, as defined by the U.S. Supreme Court in Abbott Labs et al v. Portland Retail Druggist Association, Inc (425 US 1, 1976) and its successor line of cases and the Prescription Drug Marketing Act of 1987 ("Own Use"). Violation of any of the applicable restrictions concerning Own Use may be grounds for immediate termination of this Agreement at the sole discretion of DesignRx, LLC.
3. Confidentiality. The Member agrees to keep confidential all User Information. Member agrees to use the User Information (including any proprietary software and website access provided to Member by DesignRx, LLC) solely for the purposes contemplated by this Agreement. Member agrees that all title to and ownership of the User Information shall at all times remain with DesignRx, LLC. Member will use the User Information in confidence, will not disclose any User Information to any third parties, but will limit its disclosure to healthcare professionals of Member on a need-to-know basis. Violation of any provision of this paragraph will be considered a breach of this Agreement and will be grounds for immediate termination of this Agreement by DesignRx, LLC.
4. Warranties. Member understands and acknowledges that DesignRx, LLC, through the Program, is performing a service and is not a party to any purchase and sale of any Product between the Member and any vendor or pharmacy. Accordingly, Member acknowledges and agrees that DesignRx, LLC makes no representation or warranty, express or implied, as to any matter whatsoever, including, without limitation, to the merchantability or fitness for a particular purpose with respect to any Product. Additionally, Member acknowledges and agrees that DesignRx, LLC shall have no liability whatsoever for personal injury, property damage, or lost profits caused by, or related to any Product. Participating Pharmacy Providers are independent contractors and DesignRx, LLC Prescription Medication Program, its affiliates and its contracted networks are not responsible for health care provided or the omission of the provision of health care by any provider. DesignRx, LLC does not practice medicine or in any manner interfere with or participate in the provider-patient relationship. All health care decisions are between the patient and a provider. The selection of a provider is the obligation and decision of the patient and is not based upon the credentialing or any recommendation by DesignRx, LLC Prescription Medication Program, its affiliates or its contracted networks.
5. Exclusions. Member accepts and understands that any prescription that would otherwise be eligible for discounts under the DesignRx LLC Program, is rendered ineligible by the use of a public-government, or any other private third party insurance benefit for that same prescription.
DesignRxclusive LLC members who reside in the State of Massachusetts and have a public or private insurance benefit for an otherwise eligible prescription, or Members who reside in another State, but have Massachusetts-based third party benefit (i.e. a public-government or private prescription insurance benefit for the otherwise eligible prescription) agree and understand that such a prescription shall be disqualified from eligibility.
This Agreement (including any addendum attached hereto and identified in such addendum as being a part hereof) constitutes the entire understanding and Agreement between the parties. In witness thereof, authorized agents of the parties have executed this Agreement as of the date member submits enrollment form to DesignRx, LLC, Inc.
Member agrees to accept mailed announcements pertaining to additional cost-savings through the DesignRx® program.
DesignRx® retains the right to change the terms of this agreement at any time without notice.