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Terms of Use
Effective Date: August 31, 2020.
Notice and Acceptance of the Terms of Use
This website (http://cop-uat.envisionrx.com/) is provided by Elixir Rx Solutions, LLC together with one or more of its subsidiaries and affiliates ("Elixir") and may be used for informational uses only. The following terms of use ("Terms of Use") govern your access to and use of this Site, including any content, functionality and services offered on or through this Site, whether as a guest or registered user. By accessing, viewing or using the material on this Site, you agree that you have read, understand, accept and agree to be legally bound and abide by these Terms of Use. If you do not agree to be bound and abide by these Terms of Use, do not use this Site or download materials from this Site.
Changes to the Terms of Use
Elixir, in its sole discretion, may revise and update these Terms of Use from time to time. All changes will be effective immediately when posted to the Site, and will apply to all access to and use of the Site thereafter. Changes to these Terms of Use will be indicated by a new revision date. Your continued use of the Site after the Terms of Use have been updated means that you accept and agree to the updated version of the Terms of Use. You are expected to check this page each time you access this Site so you are aware of any changes, as they are binding on you.
Accessing the Site and Account Security
Elixir, in its sole discretion and without notice, reserves the right to withdraw any service or material that it provides on the Site. To access some of the resources on the Site, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide to register with this Site or otherwise, is correct, current and complete. If you choose, or are provided with, a user name or password to access certain aspects of the Site, you must treat such information as confidential, and you must not disclose such information to any other person or entity. You agree to notify us immediately of any known unauthorized access to or use of your user name or password. Please note that Elixir reserves the right to disable any user name or password if in its opinion, you have violated these Terms of Use.
No Medical or Legal Advice
The information provided on this Site is for general informational purposes. It is not medical or legal advice and is not a substitute for obtaining up-to-date professional advice from a qualified person. Always consult with your doctor for appropriate examinations, treatment, testing, and care recommendations. Do not rely on information from this Site as a tool for self-diagnosis. If you have any questions about any law or requirement referenced in this Site, you should contact your own legal counsel.
Disclaimer of Warranty and Liability
While we strive to keep up-to-date materials on the Site, Elixir cannot and does not assume responsibility for any errors or omissions in these materials presented on or through the Site. Elixir has no obligations to update this Site; therefore information presented may be out of date and contain inaccuracies or errors. Elixir may make changes to these materials, to the products or services described within the Site, or to these Terms of Use, at any time without prior written notice, except as prohibited by law. Any reliance you place on these materials or any information presented on or through the Site is strictly at your own risk. Elixir disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by any third party who may be informed of any of the Site’s contents.
ELIXIR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. USER OF THIS SITE AGREES THAT NEITHER ELIXIR NOR ITS PARENT, AFFILIATES, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS SHALL BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGES, INCLUDING ANY DIRECT, SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHICH MAY RESULT FROM THE RELIANCE ON, USE OF, ACCESS TO, OR INABILITY TO USE THE SITE OR ANY MATERIALS ON OR LINKED TO THE SITE. YOU AGREE TO USE THIS SITE AND SUBMIT INFORMATION AT YOUR OWN RISK.
Indemnification
You agree to defend, indemnify, and hold Elixir, its parents, officers, directors, employees, agents, licensors, affiliates, successors, service providers and suppliers, harmless from and against any and all claims, actions or demands, damages, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your violation of these Terms of Use to which you have agreed by use of this Site.
Links to Other Websites
This Site may contain links to other internet portals for the convenience of users in locating information and services that may be of interest. Visitors to this Site acknowledge that these third-party sites are maintained by persons or organizations over which Elixir exercises no control; and Elixir is not responsible for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party sites. Unless otherwise stated, links do not represent an intent to promote or endorse information, products or services.
Proprietary Rights
All material contained in this Site is protected by law, including but not limited to United States copyright, trademark and other laws. Except as indicated, Elixir is the owner of the copyright in the entire content (including all information, images, displays, text and look and feel and attributes) of this Site and reserves all rights in that regard. These Terms of Use permit you to use the Site for your personal, non-commercial use only. Any commercial use of this Site’s content is prohibited without the prior written consent of Elixir. Except as expressly permitted, you may not reproduce, modify, distribute, create derivative works of, republish, download, upload, post, store, transmit, hyperlink to or form, or distribute any content or material on the Site.
Use of Site
You agree to use the Site only for lawful purposes and in accordance with these Terms of Use. You agree that you will not: (1) use this Site in any way that violates any applicable federal, state or local law or regulation; (2) engage in any activity or use any device or software that interferes with a user’s access to this Site or the proper operation of this Site; (3) engage in any conduct that may harm Elixir or users of the Site or expose Elixir to liability; (4) delete or revise any content or material on the Site; (5) take any action that could disable, overburden, damage or impair the Site; (6) allow any other person or entity to use your login credentials for posting, copying, extracting, downloading, viewing, transmitting, or receiving data of any kind; or (7) attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Governing Law and Jurisdiction
These Terms of Use shall be governed and construed in accordance with the laws of the state of Ohio, excluding its conflict of law rules. No laws of any foreign jurisdiction shall apply to these Terms of Use or be binding on us. Any dispute, claim, action or proceeding arising out of or related to the Site or these Terms of Use, or the interpretation or enforcement hereof, whether at law or in equity, shall be brought only in the state courts located in Cleveland, Ohio.
Email Communications
Elixir may contact you via email to:
- Respond to any questions you may send us,
- Send you email communications about information we think you will find useful, including announcements about new products and services at this Site, or
- Communicate other information as necessary to administer this Site.
Please note that when you contact us by email, such communication may not be entirely secure because it travels over unsecured communication lines. As a result, you should not provide us with confidential or personal information via email.
Billing and Pricing Disclaimer
You agree to provide accurate and truthful billing information for any purchases made on or through this Site. Elixir reserves the right to cancel your order for any reason including but not limited to the receipt of inaccurate or untruthful information from you, limitations on quantities available for purchase, or errors in product or pricing information. If your order is cancelled, we will issue you a credit for the cancelled order. By confirming your purchase at the end of the checkout process, you agree to accept and pay for all items.
Products, Content and Specifications
All features, content, specifications, products and prices of products and services described or depicted on this Site or linked through this Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of products, including the applicable colors. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.
You also agree and understand that resale of products or services purchased on or through this Site is specifically prohibited. We reserve the right, at our sole discretion, to refuse to sell products to you if it appears to us that you intend to resell such products or services. We also reserve the right to limit the quantity of items purchased for any reason. We will notify you if we will apply any limits to you order.
YOU AGREE THAT NEITHER ELIXIR NOR ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS SHALL BE LIABLE FOR INACCURACIES, MISSTATEMENTS OR OMMISSIONS REGARDING DESCRIBED FEATURES, CONTENT, AND/OR SPECIFICATIONS OF A PRODUCT OR SERVICE OFFERED ON THIS SITE.
Use of Products
By placing an order on or through the Site, you represent that the products ordered will be used only in a lawful manner.
Waiver
Any waiver by Elixir must be express and in writing, must be directed specifically by Elixir to you, and must be signed by a duly authorized representative of Elixir. Elixir’s failure to enforce any provision of these Terms of Use or to respond to a breach by you or third parties shall not in any way limit or waive its right to do so, including without limitation its right to enforce subsequently any provision of these Terms of Use, or to assert its rights with respect to the same or similar breaches.
Severability
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, such provisions will be deleted from these Terms of Use or modified so as to make them enforceable and the validity and enforceability of the remaining provisions of these Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use constitute the sole and entire agreement between you and Elixir with respect to the Site, and supersede all prior and contemporaneous agreements and understandings, whether written or oral, with respect to the Site.
Termination
Elixir in its sole discretion, reserves the right to terminate your use of this Site at any time and without notice to you.
Privacy Policy
Effective Date: August 31, 2020
This policy describes the privacy standards and practices of Elixir Rx Solutions, LLC together with one or more of its subsidiaries and affiliates ("Elixir") and may be used for informational uses only. The Elixir website is intended to provide you with access to various online information and tools to help you manage your prescription drug benefits. In order for Elixir to provide these services, there will be instances where Elixir will request personal information from you. As part of our efforts to protect your privacy, Elixir has provided this policy to explain how we use and protect your personal information gathered from you via this website. This policy is applicable only to the Elixir website.
Collection of Information
We may obtain personal information through the Elixir website. The types of information we may obtain include:
- contact information (such as name, postal address, email address and phone number);
- username and password to access Elixir products and services;
- insurance information (such as your member ID and Medicare Claim #);
- any other information in content you may provide on the website.
How We Use the Information We Obtain
We may use the information described above to:
- create and manage your account;
- offer and provide products and services to you;
- respond to and communicate with you about your requests, questions and comments;
- operate, evaluate and improve our business (including developing new products and services; managing our communications; determining the effectiveness of our sales, marketing and advertising; analyzing and enhancing our products, services and website; and performing accounting, auditing, billing, reconciliation and collection activities);
- perform data analyses and other processing (including market and consumer research, trend analysis, financial analysis, anonymization, encryption and tokenization of personal information);
- protect against, identify and prevent fraud and other criminal activity, and defend against any claims or liabilities arising from them; and
- comply with and enforce applicable legal requirements, relevant industry standards and our policies.
Cookies and Passive Tracking Technologies
A cookie is a piece of data stored on your computer that allows Elixir to remember that it has previously communicated with your browser. Elixir uses both session and persistent cookies. Session cookies are deleted once a user closes his or her browser. A persistent cookie is a small text file stored on your hard drive for an extended period of time. Once a persistent cookie is saved on a user’s computer, only Elixir website, and no other website, can read it. Persistent cookies can be deleted by following instructions on your Internet browser. Elixir website uses log files to collect other information, including Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, platform type, date/time stamp and number of clicks.
Online Tracking
On the Elixir website, we may collect information about your online activities to provide you with advertising about products and services that may be tailored to your individual interests. This section of our Privacy Policy provides details and explains how to exercise your choices.
You may see certain ads on other websites based on your visits to our website because we may engage in retargeting administered by third-party vendors. These vendors track your online activities over time by collecting information through automated means, including through the use of cookies, web server logs and web beacons. We use this information to show you advertisements on third-party websites based on your previous visits to our website. The information our vendors collect includes information about your visits to the website, such as the pages or advertisements you view and the actions you take on the website. This process also helps us track the effectiveness of our marketing efforts. To learn more about how to opt out of retargeting, please visit: http://www.aboutads.info/choices/.
Our website is not designed to respond to "do not track" signals received from browsers.
Sharing Information
In the course of maintaining your prescription drug benefit, personal information you provide on this website may be shared with other Elixir operations, your health plan, and other companies performing services on behalf of Elixir or your health plan. These third parties are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.
We also may disclose information about you for the following:
- if we are required to do so by law, regulation or legal process (such as a court order or subpoena),
- in response to requests by government agencies, such as law enforcement authorities, or
- when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. We reserve the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution or liquidation).
How We Secure Your Information
We maintain administrative, technical and physical safeguards designed to protect the personally identifiable information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
External Links
Elixir may provide links to other sites that we believe offer our members useful services and information. Since these sites are not under the control of Elixir, we cannot and do not make any representation or guarantee regarding the linked sites or their content. Providing these links does not constitute an endorsement by Elixir, and we cannot be responsible for the privacy policies or security procedures of the linked sites. We encourage you to review the privacy and security policies of any site you visit, as this policy is solely applicable to the Elixir website.
Consent and Updates to this Policy
By visiting the Elixir website and using the services and features that we have made available to you, you hereby consent to our collection and use of the information in the manner we have described above where applicable. This Privacy Policy may be updated periodically and without prior notice to you to reflect changes in our personal information practices. Any changes in our Privacy Policy will appear in this document and we will post a prominent notice on our website to notify you of any significant changes and indicate at the top of the Privacy Policy when it was most recently updated.
Minors
If you are a minor, you or your guardian may request removal of any content or information you post on our site such as your name, address, mobile or home phone, gender and date of birth. Removal or requests for removal of content or information that has been posted to our website does not ensure complete or comprehensive removal. To request removal of content or information you have posted to our site, please contact us at the following:
- Elixir
- Phone: 800-361-4542 (TTY Users should call 711)
- Elixir Pharmacy
- Phone: 866-909-5170 (TTY Users should call 711)
Updating Your Personal Information
You can review and update any of the information that you have given us by contacting us via the contacts listed here.
How to Contact Us
- If you have any questions about this Privacy Policy, please contact:
- Elixir
- Attention: Privacy Officer
- 2181 East Aurora Road, Suite 201
- Twinsburg, OH 44087
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