IngenioRx Terms of Use

These Terms of Use (“Terms”) apply to those mobile applications and websites that we operate (each an “Application”) and that contain a link to these Terms. By using our Applications, you are agreeing to the following:

Table of Contents

Use of This Application
Use of Information and Resources
Passwords and Account
Use of Email and Fax
Prescription Notifications Program
Linking to Other Applications
Appropriateness of Content
Digital Millennium Copyright Act
Pharmacy Benefit Management Services
Our Health Content
Products and Transactions
Materials
Disclaimer of Warranty
Limitation of Liability
Termination
Changes to These Terms
Miscellaneous
Questions

Use of This Application

The contents of this Application – whether the content is ours or is licensed to us by a third party -- are protected by copyright. We authorize you to view and download material on this Application solely for your own use. You may not sell or modify the material or otherwise use it for any commercial purpose.

You will not use this Application in violation of any laws, including the fraud and abuse or anti-kickback provisions of the federal Medicare and Medicaid laws.

You will not, and will not permit anyone else to: (1) modify, adapt, alter, translate or create derivative works of this Application; (2) use or merge this Application, or any component or element of this Application, with other software, databases or services not provided by us; (3) sublicense, distribute, sell or otherwise transfer the Application to any other party; (4) use the Application as a service bureau, or lease, rent or loan this Application to any third party; (5) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of this Application; (6) interfere in any manner with the operation of this Application; (7) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to this Application; (8) create a database by systematically downloading and storing this Application; (9) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather information from this Application or reproduce or circumvent the navigational structure or presentation of this Application.

Use of Information and Resources

We make this Application available for the purpose of providing information to consumers about our products and services, providing access to health-related resources, and providing our members access to their pharmacy information. Nothing on this Application is intended to be a substitute for professional medical advice or for the care that patients receive from their physicians. Nothing in this Application is intended to be used for medical diagnosis or treatment. You should not disregard medical advice, or delay seeking medical advice, because of something you read on this Application.

We are not responsible for information provided by health information content providers, third party sites linked to or framed by the Application, and we do not make any representations regarding the content, accuracy, or timeliness of any of such information.

Passwords and Account

If you are a member your username and password ("Login Information") will allow you to access certain information about you and your pharmacy benefits. You are solely responsible for controlling your Login Information and for authorizing, monitoring and controlling access to your account. You agree to notify us immediately of any unauthorized use of your Login Information or of any need to deactivate the Login Information associated with your account.

Use of Email and Fax

We may provide email and fax links to further facilitate communication for our customers and their designees and caregivers. Information collected through email may be shared with our customer services department, other associates, or third parties that perform services on our behalf. Unless otherwise noted, email through our website is not a completely secure and confidential means of communication. Non-encrypted email may be accessed and viewed by other Internet users without your knowledge and permission while in transit to us.

Also, if you request that we email or fax information about you to someone using the email and fax capabilities in this Application, that email or fax may not be completely secure. Please verify email addresses and fax numbers carefully before submitting such a request. If you request that we send a dependent’s card you are indicating to us you have the authority to do so.

Prescription Notifications Program

Sign up for Prescription Alerts, including Order Status Updates and Refill Reminders. We’ll let you know the status of your pharmacy orders and when to refill your medications. Frequency and number of messages received depends on the prescription notifications you have selected for alerts and any prescription activity. Message and data rates may apply. Wireless carriers are not liable for delayed or undelivered messages.

  • Text STOP to 23849, 29656 and 85426 to stop receiving IngenioRx Home Delivery Pharmacy messages.
  • Text STOP to 77827 and 81827 to stop receiving IngenioRx Specialty Pharmacy messages.

Need help? Call the Pharmacy Member Services number on your ID card. Or:

  • For help with the IngenioRx Home Delivery Pharmacy SMS program, text HELP to 23849, 29656 or 85426.
  • For help with the IngenioRx Specialty Pharmacy SMS program, text HELP to 77827 or 81827.

Linking to Other Applications

From time to time we will provide links to websites not owned or controlled by us. We do this because we think the information might be of interest or use to you. A link to a third-party website does not constitute or imply endorsement by us. We cannot guarantee the quality or accuracy of information presented on third party websites. While we do our best to ensure your privacy, we cannot be responsible for the privacy practices of third-party websites. We encourage you to review the privacy practices of any website you visit.

Appropriateness of Content

This Application is not intended to attract children under the age of 13. We do not collect personal information from any user that we know is under the age of 13. Some of the content on this Application may not be appropriate for children. Parents or guardians are solely responsible for providing supervision of minors’ use of this Application.

Digital Millennium Copyright Act

We respect the intellectual property of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on or through this Application, you must provide the following information to us when providing notice of the claimed infringement:

A physical or electronic signature of a person authorized to act on behalf of the copyright owner and identification of the copyrighted work that is infringed; Information reasonably sufficient to permit us to contact you, such as an address, telephone number and/or email address; A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or law; A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above information must be submitted in writing to us at 120 Monument Circle, Indianapolis, IN 46204, ATTENTION: LEGAL DEPARTMENT/DMCA COMPLAINT. This information should not be construed as legal advice. For further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).

Pharmacy Benefit Management Services

You acknowledge and agree that, to be a registered user of the Service, you must be eligible to receive IngenioRx online pharmacy benefit management services. You may be asked to supply a user ID and password and other information, whether provided to you by your prescription benefit plan or otherwise, to register to use all or part of the Service.

Our Health Content

OUR HEALTH CONTENT DESCRIBES GENERAL PRINCIPLES OF HEALTH CARE THAT SHOULD NOT IN ANY EVENT BE CONSTRUED AS SPECIFIC INSTRUCTIONS FOR INDIVIDUAL PATIENTS.

This material is not intended as a guide to self-medication or as a substitute for proper medical advice, diagnosis, or treatment. It is for reference only and should not be used to determine treatment for specific medical conditions. You should never disregard, avoid or delay obtaining medical advice from a licensed practitioner because of information made available through the Service. The Service and its health-related information and resources are not intended and must not be taken as the rendering of medical, nursing, or professional health care advice or services, or the practice of medicine, nursing, or professional health care in any jurisdiction. You should discuss the information provided with a physician, pharmacist, nurse, or other licensed health care professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any device, drug, herb, vitamin, or supplement discussed on the Service.

Proper treatment of health conditions depends upon a number of factors, including, but not limited to, your medical history, diet, lifestyle, and medication regimen. Your health care provider can best assess and address your individual health care needs. You should consult with your health care provider before starting a new diet, fitness, or supplement regimen.

Information and statements about dietary supplements have not been evaluated by the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure, mitigate, or prevent any disease or health condition. IngenioRx does not endorse manufacturers’ or others’ claims about the efficacy of these products. We specifically disclaim any guarantee or warranty, express or implied, with respect to any products or services sold, including any warranty of merchantability or fitness for a particular purpose. No information conveyed by IngenioRx either orally or in writing shall create such a warranty.

IngenioRx does not provide any form of insurance. The inclusion of information about any particular pharmaceutical or other product does not indicate anything about whether any insurance plan may or may not provide benefits with respect to that product.

Products and Transactions

Please note that references to or descriptions or images of products or services (or related coupons or discounts) on the Service should not be interpreted as endorsements of such products or services and such products or services may be made available by IngenioRx or by third parties. Resale of products or services purchased in connection with the Service is specifically prohibited. We reserve the right to refuse to sell products or services to you if it reasonably appears to us that you intend to resell such products or services. Verification of information may be required prior to our acceptance of any order. We further reserve the right to limit quantities of items purchased by each customer or to refuse to provide any customer with any such items. Your properly completed and delivered order form constitutes your offer to purchase the goods or services referenced in your order. Your order shall be deemed to be accepted only if and when IngenioRx or its supplier or vendor sends a confirmation notice to you.

Price (including the validity of any coupon or discount), quantity, availability of any product or service, and shipping methods and shipping rates, and any other information, descriptions, or images available through the Service regarding any products or services, are subject to change without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. We seek to undertake reasonable efforts to accurately display the attributes of products and services, including the applicable colors, however the actual colors that you see will depend on your device, and we cannot guarantee that your device will accurately display such colors. Certain non-prescription order and/or product returns may incur a restocking fee. In general, offers available through the Service are good only while supplies last. Sweepstakes, giveaways, specials, sales, and other promotions offered at the Service may not be available in stores. Likewise, sales and specials offered in-store might not be reflected online. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the possession, use, and sale of any products or services available through or in connection with the Service. By submitting any information through the Service in connection with purchasing any products or services, you grant to us the right to provide such information to third parties for purposes of facilitating such purchase. Verification of information may be required prior to the acknowledgment or completion of any transaction. You represent and warrant that you have the right to use any payment card or other method of payment that you submit in connection with a transaction in connection with the Service. Further terms and conditions related to transactions in connection with the Service may apply.

You agree to pay all charges incurred by you or on your behalf through the Service, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your transactions. If any payment due is not made by you, IngenioRx may, in addition to its other remedies, at its sole discretion and without notice to you, (a) suspend its performance under this Terms and your use of (including any access to) the Service, or (b) terminate this Terms and your use of (including any access to) the Service. If legal action is necessary to collect fees or charges due from you, then you will reimburse IngenioRx for all expenses incurred in collecting the fees and charges, including all attorney fees and other legal expenses.

Materials

For purposes of this Terms, (a) “Materials” includes user IDs, email addresses, passwords, comments, photographs, images, graphics, text, and data, and any other forms of materials or information submitted, posted, or transmitted by Service users through or otherwise in connection with the Service, regardless of whether such information is posted publicly or with password protection, but in each case excluding any such materials or information that we provide or otherwise make available; and (b) “Your Materials” includes those Materials submitted, posted, or transmitted by you through or otherwise in connection with the Service.

The Service is not designed or intended to be used as a disaster recovery or emergency data storage facility and you are responsible for creating and maintaining copies of Your Materials prior to posting, uploading, or otherwise submitting such Materials through the Service.

To the maximum extent permitted under applicable law, IngenioRx and its suppliers and vendors have no obligation of any kind with respect to Materials and are not required to assess or otherwise determine the validity or legitimacy of any complaints or demands that they may receive regarding any Materials that you may use or allow others to use in connection with the Service (including Materials posted or submitted to the Service) before IngenioRx and its suppliers and vendors take any remedial action that they consider, in their sole discretion, to be appropriate.

NEITHER INGENIORX NOR ITS SUPPLIERS OR VENDORS CONTROL THE MATERIALS POSTED OR SUBMITTED TO THE SERVICE, NOR, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DO WE OR THEY HAVE ANY OBLIGATION TO MONITOR, SCREEN, POLICE, EDIT, OR ACKNOWLEDGE RECEIPT OF THOSE MATERIALS FOR COMPLIANCE WITH APPLICABLE LAWS OR THIS TERMS. IF SERVICE FUNCTIONALITY PERMITS MATERIALS TO BE PUBLICLY ACCESSIBLE, YOU MAY FIND SOME OF THE MATERIALS POSTED BY OTHER USERS TO BE OFFENSIVE, HARMFUL, INACCURATE, OR DECEPTIVE, AND IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SERVICE, YOU DO SO AT YOUR OWN RISK. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THE SERVICE.

Disclaimer of Warranty

Although IngenioRx reserves the right to correct any errors, omissions, or inaccuracies, to the maximum extent permitted under applicable law, we do not accept any responsibility for the accuracy, reliability, currency, or completeness of any information, content, materials, services, products, merchandise, functionality, or other resources (collectively, “Resources”) available on or accessible through the Service (even typographical or imaging errors), including the substance, accuracy, or sufficiency of any service or product information listed on the Service. Further, we do not represent that the Service will operate without interruption or error, nor do we provide any assurances of the availability or usability of the Service. IngenioRx also does not accept any responsibility for unauthorized access by third parties to user transmissions or Materials, or for technical failures in connection with user transmissions or Materials.

IngenioRx does not accept any liability for the consequences arising from the application, use, or misuse of any Resources contained on or made available through the Service, including any injury and/or damage to any person or property as a matter of product liability, negligence, or otherwise.

Your use of (including any access to) the Service and any other Internet Applications, including any Resources contained on, or otherwise made available by, them, is solely at your own risk.

IngenioRx and its suppliers and vendors will attempt to keep the information, services, and resources accessible through the Service timely and accurate, but make no guarantees, and disclaim any implied warranty or representation regarding, the Resources or the Service, or any Resource’s or the Service’s accuracy, relevance, timeliness, completeness, reliability, security, or appropriateness for a particular purpose.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, INGENIORX AND ITS SUPPLIERS AND VENDORS DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE INFORMATION, CONTENT, SERVICES, PRODUCTS, MERCHANDISE, MATERIALS, FUNCTIONALITY, AND ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE SERVICE, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS, MERCHANDISE, MATERIALS, FUNCTIONALITY, AND OTHER RESOURCES ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.

Without limiting the generality of the foregoing, IngenioRx makes no representation or warranty that the quality of any Resources purchased or obtained through the Service will meet your expectations, or that any password protection or other security measures will prevent unauthorized access to Materials.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL INGENIORX OR ITS SUPPLIERS OR VENDORS, OR ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUPPLIERS, VENDORS, LICENSORS, CO-BRANDERS, OR PARTNERS (COLLECTIVELY, “INGENIORX PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, OPERATION, OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE, ANY DEFECTS IN THE SERVICE, OR WITH THE PROVISION OF, OR FAILURE TO MAKE AVAILABLE, ANY INFORMATION, SERVICES, PRODUCTS, MATERIALS, OR OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Neither IngenioRx nor its suppliers or vendors guarantee the sequence, accuracy, reliability, currency, or completeness of any information or content available on or through the Service and shall not be liable in any way to you or anyone else who may use the information or content or to whom the information or content may be furnished, for any delays, inaccuracies, unavailability, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising therefrom or occasioned thereby.

THE OPERATION OF THE SERVICE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND INGENIORX’S OR ITS SUPPLIERS’ OR VENDORS’ CONTROL. THE OPERATION OF THE SERVICE, WHETHER BY INGENIORX, ITS SUPPLIERS, OR ITS VENDORS, MAY NOT BE SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED. PASSWORD PROTECTION AND ANY OTHER SECURITY MEASURES MAY NOT PREVENT UNAUTHORIZED ACCESS TO MATERIALS. WITH RESPECT TO PRODUCTS, GOODS, OR SERVICES PURCHASED THROUGH INGENIORX’S SUPPLIERS’ AND VENDORS’ APPLICATIONS, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL ANY INGENIORX PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF THE INGENIORX PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE FEES PAID BY YOU SOLELY FOR THE RIGHT TO USE THE PARTICULAR INFORMATION OR SERVICE PROVIDED BY INGENIORX HEREUNDER OR $25, WHICHEVER IS GREATER.

You acknowledge and agree that the limitations set forth above are fundamental elements of these Terms and the Service would not be provided to you absent such limitations.

Termination

We may terminate any user’s right to use this Application at any time. We reserve the right to block, delete or stop the uploading of materials and communications that we find unacceptable for any reason. If your right to use this site ends, you shall make no further use of this site or any information obtained from this site.

Changes to These Terms

We may revise, modify or amend these Terms at any time. Any such revision, modification or amendment shall be effective immediately upon either posting it to the Application or otherwise notifying you. These terms were most recently updated May 1, 2019.

Miscellaneous

We make no claims that the content and information included at this Application is appropriate or may be downloaded outside of the United States. Access to the content and information included at this Application may not be legal by certain persons or in certain countries. If you access this Application from outside the United States, you do so at your own risk and are solely responsible for compliance with the laws of your jurisdiction and any other applicable laws.

These Terms shall be governed and construed in accordance with the laws of the State of Indiana without regard to the choice of law provisions of any jurisdiction. We may without notice to you assign our rights and duties under these Terms to any party at any time. Failure to enforce or insist on strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. You agree that any legal action or proceeding between us and you in any way related to these Terms shall be brought exclusively in a court of a competent jurisdiction sitting in Indianapolis, Indiana. Any cause of action or claim you may have against or involving us must be commenced within one year after the claim or cause of action arises. Neither the course of conduct between the parties nor trade practice shall modify the provisions of these Terms. The invalidity or unenforceability of any provision shall not in any way affect the validity or enforceability of the rest of these Terms. These Terms constitutes the entire agreement between you and us regarding your use of this Application, and it supersedes all prior agreements, representations, proposals and other communications with respect this Application and its content.

Questions

If you have questions and comments, or if you believe that your confidentiality has been breached or that any of your communications have been intercepted, or you wish to notify us regarding a suspected violation of these Terms, please call member service immediately at the toll-free number on the back of your member ID card.

This Application is produced by IngenioRx at various locations including 120 Monument Circle, Indianapolis, IN 46204. © 2020 IngenioRx