Pet GeniusRx: Terms of Service
Last Updated on June 12, 2020.
Please read these Terms of Service (“Terms“) carefully. These Terms are a binding electronic contract between you and PHC Insurance Agency, LLC, an Arizona limited liability company (“PHC“, “we“, “us” or “our“) governing the use of this prescription and/or pharmaceutical discount card program (“Card“) and the related services that we offer (“Services“). By registering for or using the Card or by accessing or using the Services via the associated online website, www.geniusavenuerx.com (“Website“), you agree to be bound by these Terms. These Terms affect your legal rights and obligations, so if you do not agree to these Terms, do not register or use the Services.
NO MEDICAL ADVICE: Neither 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: Except for certain types of disputes described in the arbitration clause below, you agree that all disputes between you and PHC will be resolved by mandatory binding arbitration and you waive any right to participate in a class-action lawsuit or class-wide arbitration.
Modifications to 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 will be linked to from within the Application. We encourage you to periodically review these Terms. If we make material changes to these Terms, we will notify you on the by posting a conspicuous notice on the Services or by otherwise sending you a notification prior to the effective date of the changes. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you may terminate your account as set forth below.
You may print or download a Card to use our Services without registering with us or creating an account. You may also have received a Card from a third-party sponsoring organization, with or without having provided that third-party with your name or other enrollment information.
If you do not have pet insurance, you can use your Card for any brand name or generic prescriptions you pay for out-of-pocket unless other restrictions apply. Please see your card for more information. If you HAVE pet insurance coverage you can use your Card for certain prescriptions that are not covered by your insurance.
DISCOUNT ONLY – NOT INSURANCE. The Card is NOT an insurance policy and is not intended as a substitute for pet insurance. The Card allows you to obtain discounts on prescription drugs (human equivalents) and/or pharmaceutical products purchased through participating providers. You are required to pay for all prescription drugs at the time of purchase. To obtain discounts, 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. PHC does not make payments to any pharmacy or pet care provider.
The Card and Services are administered by PHC Insurance Agency, LLC, located at 4280 N. Campbell Ave., Tucson, AZ 85718; phone number: ________________; . You may cancel your Account or file a complaint regarding the Card or the Services www.petgeniusrx.com at any time by contacting Customer Care at www.petgeniusrx.com.
PHC prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide to PHC upon registration and at all other times will be true, accurate, current, and complete and you agree to update your information as necessary to maintain its truth and accuracy.
We reserve the right to refuse access to the Services to anyone for any reason, at any time. We reserve the right to force forfeiture of any username for any reason. You agree that you are responsible for all data charges and/or SMS charges that you incur through use of the Services.
Modifications to Services
We reserve the right to modify or terminate the Services or any feature or function for any reason, at any time and without notice or liability to you.
From time to time the Website may notify you via push notifications of announcements related to your use of our Services, such as new feature announcements. You may opt out of push notifications if permitted by your browser settings, as applicable.
Termination of Your Account
You can deactivate your Account within the settings of the Services or by contacting us using the contact information below. We may suspend or terminate your access to your Account or any Services if we believe you have materially breached these Terms, or your use of the Services otherwise presents any legal or other risk to PHC or any third-party. If we terminate your access to the Services or if you request the deactivation of your Account, your data will no longer be accessible to you through your Account. Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.
Use of Your Account
You acknowledge and agree that you do not have any ownership or other property interest in your Account. Your Account and all rights in your Account are owned by PHC. However, subject to your compliance with these Terms, you are allowed to use your Account as set forth in these Terms. You may not sell, transfer, license or assign your Account, username, or any Account rights to anyone. You are responsible for any activity that occurs through your Account. You are solely responsible for all transactions and activities undertaken by anyone utilizing your Account or your Card, whether authorized or unauthorized. This includes any and all purchases, authorized or unauthorized, made from pharmacies. You must immediately notify PHC of any suspected unauthorized transactions associated with your Account or your Card or any other breach of security. You are responsible for keeping your password secret and secure. 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.
In addition to the other restrictions outlined in these Terms, you agree that you will not:
- Use the Card or Services for any purpose that is illegal, unauthorized, beyond the scope of its 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;
- Interfere with or disrupt servers or networks used by PHC 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;
- Send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials to other users of the Card or Services;
- Solicit or attempt to solicit personal information from other users 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, unless expressly authorized by PHC;
- 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;
- Use or attempt to use another user’s account without authorization;
- 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;
- Attempt to represent in any manner that you have a relationship of any kind with us or that we have endorsed you or any products or services without our express written consent to do so;
- Engage in or encourage, promote, advocate or assist any third-party in any harassing, bullying, intimidating, predatory, or stalking activities;
- You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other similar content via the Services;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Make available any content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary, or contractual rights;
- Reproduce, duplicate, copy, buy, sell, trade, resell, or exploit for any commercial purpose any portion of the Card or the Services, including your Account, PHC Materials (as defined below), or access to or use of the Card, Services or PHC 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 PHC.
You further agree to abide by any third-party terms when posting reviews of PHC, the Card, the Services, the Website or the Application.
Copyright 2020 PHC Insurance Agency, LLC. All rights reserved.
The PHC Insurance Agency, LLC and other PHC trademarks, service marks, graphics and logos used in connection with the Card or Services are trademarks or registered trademarks of PHC or its affiliates (collectively, “PHC Marks“). Third-party trademarks, service marks, graphics and logos used in connection with the Services are the trademarks of their respective owners (collectively, “Third-Party Marks“). The PHC Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of PHC or the applicable trademark holder.
Unless otherwise stated, all materials contained on or within the Card, the Services, or the Website, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, and written and other materials (collectively, “PHC Materials“), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws.
Subject to your compliance with these Terms, PHC grants you a limited, nonexclusive, non-sub-licensable license to access and use the Services and PHC Materials 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 PHC Materials;
- Modify or make any derivative uses of the Card, Services or PHC Materials, or any portion thereof;
- Download any portion of the Card, Services, PHC 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, PHC 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 PHC Materials other than for their intended purposes.
You may not use PHC Materials in any manner except as necessary to use the Card or the Services as provided by PHC. PHC does not grant you any other right or license to use the PHC Materials. Unauthorized use of PHC Materials is a violation of these Terms, which may result in the termination of your Account, and may constitute a violation of applicable federal and state laws.
You agree that submission of feedback, suggestions, ideas, or other information, or materials regarding PHC, the Card, the Website, or any other component of the Services that you provide, whether by email or otherwise (“Feedback“), is at your own risk and that PHC has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to PHC a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sub-license the foregoing rights, in connection with the operation and maintenance of the Services and the Website.
Third-Party Sites and Services
The Services may link to, or be linked to, websites, features, services, and content not maintained or controlled by PHC. Those links are provided as a convenience. PHC is not responsible for examining or evaluating the content or accuracy of, and PHC does not control, maintain, warrant or endorse, any third-party websites or services, nor any features, services, products, or content made available through those websites or services. Please take care when leaving the Website to visit a third-party website or service. If you choose to access any third-party websites or services, you do so at your own risk. We encourage you to read the terms and privacy policies applicable to each third-party websites and service that you access.
Disclaimer of Warranties
THE CARD, THE SERVICES, AND PHC MATERIALS, TOGETHER WITH THE WEBSITE, ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER PHC NOR OUR MEMBERS, SHAREHOLDERS, EMPLOYEES, MANAGERS, OFFICERS, OR AGENTS (COLLECTIVELY, THE “PHC PARTIES“) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE CARD OR THE SERVICES; (B) PHC MATERIALS, INCLUDING THE APPLICATION AND WEBSITE; (C) SERVICES CONTENT; (D) THIRD-PARTY CONTENT; OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO PHC OR VIA THE SERVICES. IN ADDITION, THE PHC 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 PHC PARTIES DO NOT REPRESENT OR WARRANT THAT THE CARD, SERVICES, WEBSITE OR APPLICATION WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE PHC 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.
PHC DOES NOT PROVIDE MEDICAL, DIETARY, OR NUTRITION SERVICES. THE SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL, DIETARY, OR NUTRITION ADVICE, DIAGNOSIS, OR TREATMENT.
YOU ACKNOWLEDGE THAT YOUR USE OF THE CARD AND SERVICES IS AT YOUR SOLE RISK. THE PHC PARTIES DO NOT WARRANT THAT YOUR USE OF THE CARD OR SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE PHC PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.
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.
THE PHC PARTIES DO NOT ENDORSE CONTENT 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.
BY AGREEING TO THESE TERMS YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE PHC 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, THE SERVICES OR YOUR ACCOUNT; (B) YOUR VIOLATION OF THESE TERMS; (C) YOUR VIOLATION OF THE RIGHTS OF ANOTHER, INCLUDING WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PRIVACY, OR PROPRIETARY RIGHT; OR (D) YOUR VIOLATION OF ANY STATUTES, CODES, ORDINANCES, LAWS, RULES, REGULATIONS, INCLUDING WITHOUT LIMITATION, ALL REGULATORY, ADMINISTRATIVE, AND LEGISLATIVE AUTHORITIES.
Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL PHC OR THE PHC PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (A) THE USE OF, OR INABILITY TO USE, THE CARD, THE SERVICES, ANY CONTENT OF THE SERVICES, OR THE WEBSITE; (B) THE PROVISION OF THE CARD, SERVICES, OR ANY MATERIALS AVAILABLE THEREIN; OR (C) THE CONDUCT OF OTHER USERS OF THE SERVICES, EVEN IF PHC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE CARD AND SERVICES. YOUR ONLY REMEDY AGAINST PHC FOR DISSATISFACTION WITH THE CARD OR SERVICES OR ANY CONTENT IS TO STOP USING THE CARD AND SERVICES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL PHC’S 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 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 PHC 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 this Agreement 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 PHC, and to any of the Parties’ 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 Pima County, Arizona, 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 provision will survive the termination of the Agreement and your relationship with PHC.
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.
Forum and Venue
A lawsuit, if any, between you and PHC that is permissible under this Arbitration Agreement will occur in state or federal court in Pima County, AZ. You and PHC agree that the jurisdiction and venue of these courts is exclusive.
This Agreement and any Dispute between you and PHC will be governed by the laws of the State of Arizona and applicable United States law, exclusive of conflict or choice of law rules.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms supersede all prior understandings regarding the Card, Services, Website and their use and represent the complete agreement between you and PHC. However, your Card may be subject to additional terms of the applicable third-party sponsoring organization. These Terms do not create or confer any third-party beneficiary rights. PHC may, at its sole discretion, change or modify these Terms at any time.
If you have any other questions or concerns regarding these Terms, please contact us as follows:
Using the Contact Us form at www.petgeniusrx.com.
Or by mail at:
PHC Insurance Agency, L.L.C.
4280 N. Campbell Ave., Tucson, AZ 85718
DISCOUNT ONLY – NOT INSURANCE. Discounts are available exclusively through participating pharmacies. The range of the discounts will vary depending on the type of provider and services rendered. This program does not make payments directly to providers. Members are required to pay for all pet care services. You may cancel your registration at any time or file a complaint by contacting Customer Care. This program is administered by PHC Insurance Agency, LLC of Tucson, AZ.
* Average and up to savings percentages are based on all discounted prescriptions that were run through the Pet GeniusRx program in 2020. Discount percentages represent savings provided off of pharmacies’ retail prices for consumers who do not have a discount program and pay cash.