Terms of Use

terms of use

Effective Date: 4/1/2023

Agreement to Terms of Use

These Terms of Use (“Terms”) constitute a legal agreement between you (“you”, “your”) and Greenback Health (“Greenback Health,” “we,” “us,” or “our”) concerning your access or use of our websites, applications, mobile applications, services, content, or products made available by Greenback Health (collectively, the “Site”). By using the Site, you represent and warrant you are 18 years of age or older. If you use the Site as a parent or legal guardian on behalf of a minor, you are fully responsible for complying with these Terms. If you are helping another person use the Site, these Terms constitute a legally binding agreement between both the helper and the person being helped and Greenback Health.

THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Please read these terms carefully. By using the Site, you accept and agree to be bound and abide by these Terms and our Privacy Policy, which is incorporated herein by reference. We reserve the right to make changes to these Terms at any time, effective immediately when posted. It is your responsibility to review the effective date at the top of this page to determine if the Terms have been revised since you last reviewed it. By accessing, browsing, and/or otherwise using the Site following the posting of the updated Terms means that you accept and agree to any changes. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Site.

No Medical Advice

The contents of the Site are for informational, cost-comparison purposes only. The content cannot, and is not intended to, be a substitute for professional medical advice, diagnosis, or treatment, nor can it replace the relationship you have with your healthcare professionals. The content on the Site should not be considered medical advice and is not intended as medical advice. Always seek the advice of your healthcare professionals regarding your medical conditions, including which drugs or treatment is most appropriate for you. If you are experiencing a medical emergency, please call “911” or other emergency medical assistance immediately. Never disregard professional medical advice or delay seeking assistance due to the Site.

Greenback Health does not represent or warrant that any particular drug or treatment is safe, appropriate, or effective for you. We do not recommend or endorse any specific drug or pharmacy that is referenced in relation to the Site. Reliance on any content from the Site is solely at your own risk.

Intellectual Property Rights

The content included in, or made available through, the Site, such as text, graphics, logos, button icons, images, audio and video, digital downloads, data compilations, design, functionality, and software (collectively, the “Content”) is the exclusive property of Greenback Health or its licensors unless otherwise indicated, and is protected by United States and international copyright, trademark, trade dress, patent, trade secret, and other intellectual property or proprietary rights laws.

Greenback Health, the Greenback Health logo, and all related names, logos, designs, and slogans are property of Greenback Health or its affiliates. You must not use such marks without the prior written permission of Greenback Health. You may not copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information contained on the Site without our express prior written permission. All other names, logos, designs, and slogans on the Site are property of their respective owners.

Limited License

Subject to your compliance with these Terms, Greenback Health grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to use the Site and to download (temporary storage only), display, view, use, and/or print one copy of the Content (excluding source and object code) only for your personal, non-commercial use. Except as expressly set forth in these Terms, you must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any content or materials on the Site. All rights not expressly granted herein are reserved.

Your Account

Certain services offered through our Site require you to create an account, or otherwise communicate with or contact us. In the course of these interactions, you may choose to provide us information that identifies you or could be reasonably linked to you (“Personal Information”), including but not limited to, your full name, mailing address, date of birth, telephone number, email address, health, prescription, pharmacy, and other related medical information, financial or insurance information, account information containing username and password, and user preferences. If you choose to provide us with information about any other individual, you represent and warrant that you have consent and legal authority to do so. All Personal Information and protected health information (“PHI”) will be used as set forth in our Privacy Policy and our HIPAA Policy.

You are under no obligation to provide Personal Information, but if you elect not to provide it, you may be unable to use certain features of the Site.

By creating an account, you agree to: (a) provide accurate and current information; and (b) maintain and promptly update such information to keep it accurate and current. You may cancel your account at any time. If you provide any information that is false, inaccurate, or deceptive, as determined in our sole discretion, we may suspend or terminate any account you establish, decline to provide you with services on the Site, and/or refuse any or all current or future use of the Site. If you create an account, you are responsible for maintaining the confidentiality of your account, username, and password, and for restricting access to your computer, mobile devices, and other electronic devices. You agree that you are responsible for all activities that occur under your account or password, even if not authorized by you. You agree to notify us immediately of any breach of security or unauthorized use of your account. You agree that we may deactivate any account for any purpose as determined in our sole discretion, including to address any security or legal concerns relating to or arising from your use of the Site. BY ACCESSNG OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOUR ACTITIVIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.

Services

Greenback Health provides certain drug pricing information, which may include pricing connected to your use of a prescription drug discount card. Greenback Health may also present you with pharmaceutical manufacturer sponsored programs. Greenback Health may also gather and display insurance benefit information for certain insurance plans. All pricing and insurance benefit information is for informational purposes only and is subject to change at any time. Greenback Health does not warrant or assure the accuracy of the information displayed on the Site. If you have any questions about your insurance benefits, please contact your plan sponsor.

As part of the Site, your access to these discounts is facilitated by a card that may be printed from the Site or electronically presented at the pharmacy (“the Card”). The Card is administered by third parties and your use of the Card is subject to these Terms. Pharmaceutical manufacturer sponsored programs may have separate or additional terms, apply to your use of the associated program, and if in conflict with these Terms, supersede in their entirety.

Free Prescription Drug Discount Card

DISCOUNT ONLY – NOT INSURANCE. The Card is NOT a health insurance benefit or policy and is not intended as a substitute for health insurance.

The Card may be used instead of, but not in conjunction with, insurance. Please note that purchases through the use of the Card may not count towards your out-of-pocket prescription drug costs or result in lower out-of-pocket costs to you over a long period of time. This Card may not be used in conjunction with federal or state-funded programs like Medicare or Medicaid.

The Card allows you to obtain discounts on prescription drugs and/or pharmaceutical products purchased through participating pharmacies. To obtain discounts through Greenback Health, you will need to present your Card before you pay for any prescription drug and/or pharmaceutical product. The range of discounts will vary depending on the product and the participating pharmacy and is not guaranteed for any minimum period of time. You are required to pay for the cost of all prescription drugs and/or pharmaceutical products at the time of purchase. Prices may not include sales or other taxes.

There is no fee to obtain or use the Card. However, you will be responsible for paying the cost of the prescription drugs and/or pharmaceutical product as specified by the participating pharmacy. The Card is a voluntary program, and you are free to fill your prescription at any pharmacy, regardless of whether you decide to use the Card.

Greenback Health does not guarantee the quality of the services or products offered by any participating pharmacies. Greenback Health and all associated products and services are provided to you as a tool to evaluate an estimated price at the time of pricing search for a particular prescription drug and does not constitute advice on how to manage your overall prescription drug costs.

Pharmaceutical manufacturer-sponsored programs

We may use your Personal Information to determine your eligibility for and to enroll in various pharmaceutical manufacturer copay assistance programs. You grant us explicit consent to use your Personal Information to contact pharmaceutical companies and your physicians to apply to prescription assistance programs.

We do not control or endorse any associated third party, and in no event shall Greenback Health be responsible or liable for any products or services of such third party providers. In some cases, we contract with third parties to provide manufacturer-sponsored programs and support services. All third party contracts are subject to change.

Prohibited Uses and Activities

You agree to comply with all laws, rules, and regulations applicable to your use of the Site. In addition to the other restrictions outlined in these Terms, you agree NOT to:

Use the Site for any purpose that is illegal under any foreign, federal, state, or local laws or regulations;
Attempt to interfere with the proper working of the Site, compromise the security of the Site, or otherwise damage the Site or information and materials contained therein;
Attempt to compromise security measures, bypass authentication measures, or otherwise gain unauthorized access to any portion of the Site, including our systems, networks, servers, services, and user account information;
Use any automated means to extract data or content, including robots, bot, spiders, scrapers, scripts, or other automated means or interface not provided by us;
Upload or transmit any viruses, files, or programs designed to interrupt, destroy, or limit the functionality of the Site;
Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
Use the Site to conduct market research, create, compile, reverse-engineer, decompile, disassemble, decipher, directly or indirectly, the source code for any underlying software or other intellectual property;
Engage in unauthorized framing of or linking to the Site;
Solicit personal information from other users of the Site;
Send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials to other users of the Site;
Engage, encourage, promote, advocate, or assist any third party in harassing, bullying, intimidating, predatory, or stalking activities;
Impersonate or misrepresent any person or entity, including unauthorized use of another’s username;

Electronic Communications

When you use the Site, send e-mails, text messages, or other electronic messages to us, you are communicating with us electronically and consent to our review and to receive return communications from us electronically by Short Message Service (SMS), Multimedia Message Service (MMS), text messages, e-mail, push notifications, or by posting notices. You acknowledge that providing your Personal Information, including residential or wireless phone and/or e-mail address, you expressly consent to receive marketing and non-marketing autodialed and/or prerecorded calls, text messages from or on behalf of us. You are not required (directly or indirectly) to consent to receive calls or text messages as a condition of any purchase. You agree that all agreements, notices, disclosures, and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing. You acknowledge and agree that any Personal Information or PHI transmitted by e-mail or text message can not be secured against unauthorized third parties. If you elect to receive PHI via text alerts or e-mail alerts, you are electing to receive such information through an unencrypted method of communication, and that information contained in an unencrypted e-mail and/or text message is at risk of being intercepted and read by, or disclosed to, unauthorized third parties. Once you enroll, the frequency of e-mail or text alerts will vary and are dependent on when we have pertinent medical or prescription information for you. Consent may be revoked at any time by sending an opt-out request via e-mail to support@greenbackhealth.com. Please include pertinent details of your request, including your name, e-mail address(es), and/or phone number(s) you wish to opt-out. To stop receiving text alerts, you also may text STOP to the number from which you are receiving text alerts. After you opt out, you will receive one final text alert confirming that you will no longer receive text alerts. No additional text alerts will be sent unless you reactivate your enrollment in the text alert program. Greenback Health does not impose separate charges for text alerts; however, you understand that messaging and data rates from your wireless carrier may apply, and you are responsible for any such charges.

Copyright Infringement – DMCA Notice

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe in good faith that content on this Site constitutes copyright infringement, you may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA, which, with respect to notices of infringement, currently include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
Identification of the copyrighted work or other intellectual property interest that you claim has been infringed;
A description of the material and the location of the material that you claim is infringing;
Name, address, telephone phone, and email address of the complaining party;
A statement from complaining party has good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, and the complaining party is authorized to act on the copyright or other intellectual property on the owner’s behalf.

This request should be sent to legal@greenbackhealth.com or via mail:

Greenback Health, LLC

Attn: DMCA Agent, Legal Department
229 W Main Cross St, Suite 462
Findlay, OH 45840

Governing Law

These Terms of Use will be governed by the laws of the State of Ohio without giving effect to the law provisions thereof and all parties to these Terms of Use expressly agree to be subject to the jurisdiction of courts in the State of Ohio.

Dispute Resolution

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND GREENBACK HEALTH OR ITS SUPPLIERS OR VENDORS, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT GREENBACK HEALTH AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRTATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

Both parties agree that they must initiate arbitration within one year after any dispute arose or it is permanently barred. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as amended by these Terms. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief, or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

With the exception of any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this Dispute Resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply. If a court decides that any aspect of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this Dispute Resolution provision shall be null and void. The remainder of these Terms will continue to apply and be unaffected by this severability provision. This Dispute Resolution will survive the termination of this agreement and your relationship with Greenback Health.

Third Party Links and Content

The Sites may have links to other external websites, social media, and applications. We are not responsible for the content, data collection, or privacy practices of those linked websites and applications. We recommend you review the terms of use and privacy policies of all linked websites and applications. These links are provided for your convenience only and does not imply endorsement of, or association with, the third party, or warranty of any kind, express or implied. If you decide to access or use any of these external websites or applications, you do so entirely at your own risk and are subject to the applicable terms and conditions for the third party.

Notice to Non-Residents of the United States – Geographic Restrictions

The Site is intended for use only by residents of the United States, and non-residents of the United States should not use the Site. We make no representation or warranty that the Site, or any content available on the Site, are appropriate or available for access or use in other locations outside of the United States. Those who access the Site from outside the United States do so on their initiative and are responsible for compliance with local laws and regulations, if and to the extent such local laws and regulations are applicable.

Disclaimer of Warranties

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, SECURITY, QUALITY, CORRECTNESS, OR RELIABILITY OF THE SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNITERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THIS SITE OR THE TECHNOLOGY THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL NOT BE ACCESSED BY UNAUTHORIZED USERS OR HACKERS ATTEMPTING TO OBTAIN ACCESS TO THE SITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL GREENBACK HEALTH OR OUR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS, AFFILIATES, VENDORS, OR PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, 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 ANY OTHER LEGAL THEORY ARISING OUT OF THE USE, OPERATION, OR PERFORMANCE OF THE SITE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE TOTAL, CUMULATIVE, LIABILITY OF GREENBACK HEALTH, INCLUDING ALL AFFILIATES, IF ANY, FOR LOSSES OR DAMAGES FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED $100.00 (ONE-HUNDRED DOLLARS). YOU AGREE THAT YOU USE THIS SITE AT YOUR OWN RISK. IF YOU ARE DISSATISIFIED WITH THIS SITE OR ITS CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Indemnification

To the maximum extent permitted under applicable law, you agree to indemnify, defend, and hold harmless Greenback Health, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, as to any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against Greenback Health by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of these Terms of Use, or your violation of any rights of another.

Termination of Agreement

We reserve the right, at our sole discretion to restrict, suspend, or terminate access to and use of the Site, at any time and for any reason without prior notice or liability. If your use of the Site is terminated for any reason, these Terms will continue to apply and be binding upon you in respect to your prior use and any unauthorized further use.

Additional Terms

These Terms constitute the entire agreement and understanding between you and us and supersede all previous or contemporaneous agreements, representations, and warranties, both written and oral with respect to the Site. You may not assign, transfer, or sublicense this agreement. These Terms do not create or confer any third-party beneficiary rights. Our failure to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. Any such waiver must be in writing. We may assign any or all of our right and obligations to others at our sole discretion. If any provision or part of a provision in these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or the use of the Site. You hereby waive any and all defense you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to excuse these Terms.

Contact Us

To file a complaint regarding the Site or to receive further information about the use of the Site, you may contact us via email at info@greenbackhealth.com or via mail at:

Greenback Health, LLC

229 W Main Cross St, Suite 462
Findlay, OH 45840