GiftHealth Terms and Conditions of Use

Last Updated: April 2021

Before taking advantage of the many useful services offered here, please take a minute to ensure that you understand these Terms and Conditions of Use for visiting and browsing the GiftHealth.com website and mobile application.

  1. Acceptance of Terms.

These Terms and Conditions of Use (the “Terms of Use” or the “Agreement”) describe the terms on which you may access and use this website located at https://gifthealth.com (the “Website”) and may have previously, now or in the future, own and/or operate a mobile application(s) (collectively, the “Platform”), which is owned and operated by GIFTHEALTH, Inc. (collectively, “GiftHealth”, “we,” or “us”). Your access and use of the Platform, any part of the Platform, or anything associated with the Platform, including its content (“Content”), and any affiliated website, software, or application owned or operated by GiftHealth (collectively, including the Platform and Content, the “Services”) are governed by these Terms of Use. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE THE SERVICES.

Your continued use of the Services following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

We may revise the Terms of Use from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms of Use every time you use the Services because they are binding on you.

  1. Termination.

GiftHealth reserves the right, in its sole discretion, to terminate your access to all or part of the Services, with or without notice. Examples of activity that may lead to a termination of your use of the Services include your breach of any of these Terms of Use.

  1. The Platform Is Not Intended As a Substitute For Medical Advice.

Information provided through the Services is not intended to be, and must not be taken to be, the practice of medicine or the practice of other healthcare services by GiftHealth. Use of the Services does not create a physician/patient or provider/patient relationship with GiftHealth. GiftHealth is not recommending or endorsing any specific test, diet regimen, or other information.

  1. GiftHealth Does Not Endorse or Recommend Any Specific Products or Services.

GiftHealth contracts with various pharmacies and pharmaceutical companies to provide coupons, discounts, and other Content to users of the Platform. References to, or descriptions or images of, products or services (or related coupons and discounts) on the Platform are not endorsements of such products or services and such products or services may be available by third parties.  GiftHealth does not recommend or endorse any specific tests, physicians, pharmacist, products, services, procedures, opinions, or other information that may be mentioned on the Website.

  1. Third-Party Content.

The Platform may contain links to Internet or mobile sites not owned or operated by GiftHealth, including to our online payment processing services provider, to sites featuring organizations, services or news that may be of interest, and to pages that we maintain on Facebook or other social media platforms. The inclusion of these links should not be construed as an affiliation, sponsorship or endorsement. GiftHealth is not responsible for third-party content. When you access a third-party Internet or mobile site, you do so at your own risk. We assume no responsibility or liability for any information, products or services available on or through any third-party Internet or mobile site, or for any actions taken by you or others in connection therewith.

  1. Your Account.

If you use the Platform, you may have the opportunity to register for an account with us. As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address. Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. You are responsible for maintaining the confidentiality of your password and you agree to accept responsibility for all activities that occur under your account or password. GiftHealth is not liable for any loss or damages arising from your failure to maintain the confidentiality of your account. You are further responsible for ensuring that all information you provide on our Platform is correct, current, and complete. You agree that you will not provide any false or misleading information during the registration process. You have no right to transfer your account to any other individuals in any manner. If you are accessing and using the Platform on someone else’s behalf, you represent that you have the authority to bind that person as a principal to these Terms, and you agree to accept liability for harm caused by any wrongful use of the Site resulting from such access or use. You must notify us immediately of any unauthorized access to or use of your username or password or any other breach of security that you become aware of. All information you provide when you register for an account on our Platform is governed by our Privacy Notice, which is incorporated herein, and we may take any action with respect to your information that is consistent with our Privacy Notice. We reserve the right to refuse service or terminate accounts for any reason, in our sole discretion without prior notice.

  1. You Must Meet Certain Conditions to Use Our Platform.

As a condition of your use of the Platform, you warrant that you:

  • are at least 18 years of age; and
  • reside in the United States of America.

If you do not meet all of the following, you must immediately discontinue your use and access of the Platform.

You are prohibited from using or attempting to use the Services (i) for any unlawful, unauthorized, fraudulent, or malicious purpose, (ii) in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii)in any manner that could interfere with any other party’s use and enjoyment of the Services, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by GiftHealth to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by GiftHealth, (vii) to reverse engineer, disassemble or decompile any section or technology on the Services, or (viii) for any use other than the business purpose for which it was intended.

In addition, in connection with your use of the Services, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity; (b) create a false identity or duplicative accounts for the purpose of misleading others or impersonate any person or entity, including, without limitation, any GiftHealth representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Services by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Service or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Service, or copy, download, distribute or reproduce any content or information on the Service; or (p) assist or permit any person in engaging in any of these activities.

GiftHealth reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing. GiftHealth may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

Except as may be provided in the Privacy Policy or prohibited by applicable law, GiftHealth reserves the right at all times to disclose any information as GiftHealth deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in GiftHealth’s sole discretion.

  1. Right to Monitor.

GiftHealth reserves the right to monitor general use of the Services at any time as it deems appropriate and to remove any materials that, in GiftHealth’s sole discretion, may be illegal, may subject GiftHealth to liability, may violate the Terms of Use or are, in the sole discretion of GiftHealth, inconsistent with GiftHealth’s purpose for the Services.

  1. How to Contact Us.

 There are multiple ways to communicate with GiftHealth, including through the Platform and using the phone numbers listed for each of our locations. Communicating with us does not, in and of itself, establish a physician-patient relationship.

GiftHealth may deliver notice to you under these Terms of Use by means of e-mail, a general notice posted on the Platform, or by written communication delivered by first-class U.S. mail to the address that you have provided to GiftHealth. You may give notice to, or submit comment, questions, or complaints to, GiftHealth at any time via e-mail to the following address:

E-mail: connect@GiftHealth.com

  1. Intellectual Property.

The following trademarks are property of GiftHealth:  “GiftHealth”. These marks may not be used without our consent on any product or service, except our own.

GiftHealth retains all copyright and other proprietary rights in and to the Content. Elements of the Content are protected by copyright, trade dress and other laws, and may not be copied or imitated in whole or in part. Nothing shall be construed as granting you any license under any patent, trademark, or copyright of GiftHealth or any third party. Certain portions of the Services may contain information supplied and updated by third parties or include links to third-party sites. GiftHealth is not responsible for, and makes no warranty as to the accuracy of, such information or sites.

GiftHealth claims no ownership in, nor any affiliation with, third-party trademarks or brand names that may appear on this site. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of GiftHealth should be inferred from their use. You are not permitted to use the trademarks displayed on the Services without the prior written consent of GiftHealth or the third party that may own the trademarks.

  1. LIMITATION OF LIABILITY.

GiftHealth, its affiliates and any of its, or their, directors, officers, employees or agents shall not, under any circumstances, be liable for direct, consequential, incidental, indirect or special damages of any kind, or any other damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, and whether resulting from the use or inability of use of any contents of the Services, or any other cause, even if such cause involves negligence, or if we have been apprised of the likelihood of such damages occurring.

The above limitation, or exclusion, may not apply to you to the extent that applicable law prohibits the limitation or exclusion of liability for incidental or consequential damages.

  1. DISCLAIMER OF WARRANTIES.

YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT GIFTHEALTH DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY PERSONAL INFORMATION. GIFTHEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

GIFTHEALTH MAKES NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (4) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GIFTHEALTH OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. Arbitration.

Any controversy or claim between the parties or arising out of these Terms of Use or any use of the Services shall be determined by one disinterested arbitrator in binding arbitration pursuant to the Commercial Arbitration Rules and the Supplementary Procedures for Online Arbitration of the American Arbitration Association (the “AAA”). The arbitrator shall be experienced in agreements for information technology services, either as an attorney or as an information technology professional. If the parties fail to appoint an arbitrator within forty-five (45) days of the institution of the arbitration, the AAA shall select the arbitrator promptly thereafter. Any requests for accelerated, emergency or preliminary relief shall be submitted pursuant to the AAA’s Optional Rules for Emergency Measures of Protection. If any such requests are made before an arbitration panel is empaneled, then the AAA shall appoint one disinterested arbitrator as an arbitration panel to immediately hear and decide such request. The arbitration panel shall have the right to grant interim awards. Testimony shall be permitted by telephone, video conference and other forms of real-time telecommunications. If the arbitrator requires in-person hearings, the hearings shall be held in Columbus, Ohio. The arbitral award will be final and binding and may be entered and enforced in any court of competent jurisdiction.

  1. WAIVER OF JURY TRIAL AND CLASS ACTIONS.

BY ENTERING INTO THESE TERMS OF USE, YOU AND GIFTHEALTH ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND GIFTHEALTH BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THESE TERMS OF USE IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND GIFTHEALTH BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

  1. Indemnification.

By accepting these Terms of Use, you agree to indemnify and otherwise hold harmless GiftHealth and its officers, employees, agents, subsidiaries, affiliates, licensors, suppliers, and other partners from any direct, indirect, incidental, special, consequential, or exemplary damages resulting from your use of the Services.

  1. Governing Law.

By accessing the Services, you and GiftHealth agree that all matters relating to your access to, or use of, the Services shall be governed by the statutes and laws of the State of Delaware, without regard to its conflicts of laws principles. You and GiftHealth also agree, and submit to the exclusive personal jurisdiction and venue of the courts of the State of Delaware with respect to such matters. GiftHealth makes no representation that materials contained in the Services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws. 

  1. Survival.

The provisions of these Terms of Use entitled “Limitation of Liability,” “Disclaimer of Warranties,” “Indemnification,” “Governing Law” and “General Provisions” will survive the termination of this Agreement.

  1. General Provisions.

Except as provided in a particular “Legal Notice” on this Platform, these Terms of Use, along with the GiftHealth Privacy Policy, constitute the entire agreement and understanding between you and GiftHealth with respect to use of the Services, superseding all prior or contemporaneous communications with GiftHealth. These Terms of Use are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. GiftHealth may assign its rights and duties under these Terms of Use to any party at any time without notice to you. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles of this Agreement are displayed for convenience only and have no legal effect. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.