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Discount Health Cards, LLC.

ACCEPTANCE OF TERMS AND CONDITIONS

By using this site (the “Site”), you (“you” or the “End User”) agree to the terms and conditions that we (“Discount Health Cards, LLC d/b/a: HealthCard4Free.com and PetsRxCard.com and PayUsLess.com and PayUsLessRx.com”) have provided. If you do not wish to agree to these terms and conditions (the “Terms of Use” or “Agreement”), please refrain from using the Site.

I. TERMS OF USE

1. General.
The Site provides an interactive online service operated by Discount Health Cards, LLC on the World Wide Web of the Internet (the “Web”), consisting of information services, content and discounts facilitated through Discount Health Cards, LLC, affiliates of Discount Health Cards, LLC or service providers (“Service Providers”) offering discounts (“Discounts”) which may be available for goods/services at service providers and other third parties.

This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Discount Health Cards, LLC, and Discount Health Cards, LLC shall not be responsible for any data lost while transmitting information on the Internet. While it is Discount Health Cards, LLC’ objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Discount Health Cards, LLC, access to the Site may be interrupted, suspended or terminated from time to time.

Discount Health Cards, LLC shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Discount Health Cards, LLC may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

2. Modified Terms.
Discount Health Cards, LLC reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy as we deem necessary or desirable.

3. Equipment.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Discount Health Cards, LLC shall not be liable for any damages to the End User’s equipment resulting from the use of this Site.

4. End User Conduct.
This Site and any individual sites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the “Microsites”) are private property. All interactions on this Site and/or the Microsites must comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that all end users restrict any and all activity in connection with the use of this Site and the Microsites to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Discount Health Cards, LLC’ express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in Discount Health Cards, LLC’ exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Microsites is strictly prohibited. End User shall not use this Site or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Microsites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Discount Health Cards, LLC.

The foregoing provisions of this Section 4 apply equally to and are for the benefit of Discount Health Cards, LLC, its subsidiaries, affiliates, Service Providers and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

5. Copyright and Trademarks.
Everything located on or in this Site, including the Microsites, is the exclusive property of Discount Health Cards, LLC or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF DISCOUNT HEALTH CARDS, LLC IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.

6. Copyright Policy.
Discount Health Cards, LLC reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon prompt notification to Discount Health Cards, LLC by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the Site or any Microsite in a way that constitutes copyright infringement, you shall provide Discount Health Cards, LLC with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site or any Microsite of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Discount Health Cards, LLC’ Copyright Agent for notice of claims of copyright infringement is as follows:

Discount Health Cards LLC
Attn: Teri Fennel
1102 A1A North, Suite 202
Ponte Vedra Beach FL 32082
Email: Contact@HealthCard4Free.com
PHONE: (800) 931-8872

7. Disclaimer of Warranty.
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER’S SOLE RISK. NEITHER DISCOUNT HEALTH CARDS, LLC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY MICROSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR ANY MICROSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE OR THE MICROSITES.

THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. DISCOUNT HEALTH CARDS, LLC HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

8. Limitation of Liability.
IN NO EVENT SHALL DISCOUNT HEALTH CARDS, LLC, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL DISCOUNT HEALTH CARDS, LLC’ LIABILITY IN CONNECTION WITH THIS SITE EXCEED THE AMOUNTS PAID TO DISCOUNT HEALTH CARDS, LLC, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY END USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.

9. Monitoring.
Discount Health Cards, LLC shall have the right, but not the obligation, to monitor the content of the Site and any Microsites at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Discount Health Cards, LLC, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Discount Health Cards, LLC shall have the right, but not the obligation, to remove any material that Discount Health Cards, LLC, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

10. Privacy.
End User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read End User’s communications without End User’s knowledge. Discount Health Cards, LLC does not control or endorse the content, messages or information found in any Community, and, therefore, Discount Health Cards, LLC specifically disclaims any liability concerning the Communities and any actions resulting from End Users’ participation in any Community, including any objectionable content. Generally, any communication which End User posts to Discount Health Cards, LLC (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Discount Health Cards, LLC as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site or any Microsite, End User grants Discount Health Cards, LLC the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation. For more information see Discount Health Cards, LLC’ Privacy Policy.

11. License Grant.
By posting communications on or through this Site or any Microsite, End User shall be deemed to have granted to Discount Health Cards, LLC a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.

12. Indemnification/Release.
End User agrees to defend, indemnify and hold harmless Discount Health Cards, LLC, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by End User in connection with the Site or any Microsites.

End User is solely responsible for interactions with Service Providers and other users of the Site or Microsites. To the extent permitted under applicable laws, End User hereby releases Discount Health Cards, LLC from any and all claims or liability related to any product or service of a Service Provider , any action or in-action by Service Provider , including Service Provider ’s failure to comply with applicable law and/or failure to abide by the terms of a discount, and any conduct or speech, whether online or offline, of any other user.

In connection with the foregoing release, End User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

13. Termination.
Discount Health Cards, LLC may terminate this Agreement at any time. Without limiting the foregoing, Discount Health Cards, LLC shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which Discount Health Cards, LLC, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 2, 4, 5, 6, 7, 10, 11, and 12 will survive termination of this Agreement.

14. Trademarks.
PayUsLess, PetsRxCard and HealthCard4Free are trademarks of Discount Health Cards, LLC. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Discount Health Cards, LLC are the property of their respective owners.

15. Third-Party Content.
Discount Health Cards, LLC, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Discount Health Cards, LLC has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of Discount Health Cards, LLC.

In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Discount Health Cards, LLC. Discount Health Cards, LLC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Discount Health Cards, LLC by anyone other than authorized Discount Health Cards, LLC employee spokespersons while acting in official capacities. Under no circumstances will Discount Health Cards, LLC be liable for any loss or damage caused by an end user’s reliance on information obtained through Discount Health Cards, LLC. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Discount Health Cards, LLC.

Discount Health Cards, LLC contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Discount Health Cards, LLC of the contents on such third-party sites, and Discount Health Cards, LLC hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk. Unless you have executed a written agreement with Discount Health Cards, LLC expressly permitting you to do so, you may not provide a hyperlink to the Site or any Microsite from any other website. Discount Health Cards, LLC reserves the right to revoke its consent to any link at any time in its sole discretion.

16. Miscellaneous.
This Agreement, including the Terms of Use set forth below (which are incorporated into this Agreement), and any operating rules for Discount Health Cards, LLC established by Discount Health Cards, LLC, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

17. Arbitration.
By using this Site, End User agrees that: (1) any claim, dispute, or controversy End User may have against Discount Health Cards, LLC arising out of, relating to, or connected in any way with this Agreement, this Site, or any Microsite, or the purchase or sale of any Product(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the arbitration shall be held at a location located within Suffolk County, New York. (3) the arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User’s and/or Discount Health Cards, LLC’ individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (5) if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org.

Membership Terms & Conditions

Limitations, Exclusions & Exceptions: This Discount Health Cards, LLC Discount Prescription, Dental, Vision & Hearing card and plan is a discount membership program offered by Discount Health Cards, LLC. Discount Health Cards, LLC is not a licensed insurer, health maintenance organization, or other underwriter of health care services. No portion of any provider’s fees will be reimbursed or otherwise paid by Discount Health Cards, LLC. Discount Health Cards, LLC is not licensed to provide and does not provide medical services or items to individuals. You will receive discounts for medical services at certain health care providers who have contracted with the plan. You are obligated to pay for all health care services at the time of your appointment. Savings are based upon the provider’s normal fees. Actual savings will vary depending upon location and specific services or products purchased. Please verify such services with each individual provider. The discounts contained herein may not be used in conjunction with any other discount plan or program. All listed or quoted prices are current prices by participating providers and subject to change without notice. Any procedures performed by a non-participating provider are not discounted. From time to time, certain providers may offer products or services to the general public at prices lower than the discounted prices available through this program. In such event, members will be charged the lowest price. Discounts on professional services are not available where prohibited by law. This plan does not discount all procedures. Providers are subject to change without notice and services may vary in some states. It is the member’s responsibility to verify that the provider is a participant in the plan. At any time Discount Health Cards, LLC or any other group or business, have the right to eliminate a Participating Professional from the respective network in which they are associated and may substitute Provider networks at their sole discretion. Discount Health Cards, LLC cannot guarantee the continued participation of any provider. If he or she leaves the plan, you will need to select another provider. Providers contracted by Discount Health Cards, LLC or any other group or business are solely responsible for the professional advice and treatment rendered to members and Discount Health Cards, LLC disclaims any liability with respect to such matters. Services and service providers may change or be discontinued at anytime with notice as required by law.

Complaint Procedure: If you would like to file a complaint or grievance regarding your plan membership, you must submit your grievance in writing to: Discount Health Cards, LLC, 25 Health Sciences Drive, Suite 301, Stony Brook, NY 11790. You have the right to request an appeal if you are dissatisfied with the complaint and/or grievance resolution.

DISCOUNT HEALTH CARDS, LLC, IS NOT A MERCHANT, MANUFACTURER, OR A PROVIDER OF THE HEALTH SERVICES. DISCOUNT HEALTH CARDS, LLC, DOES NOT GIVE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, PRODUCTIVENESS, OR ANY OTHER MATTER, FOR ANY SERVICES OR MERCHANDISE PURCHASED OR RECEIVED BY A MEMBER FROM A PROVIDER OR VENDOR THROUGH HIS/HER MEMBERSHIP IN THE PLAN OR PROGRAM. MEMBER SHOULD NOT RELY ON DISCOUNT HEALTH CARDS, LLC, IN SELECTING A PROVIDER OR VENDOR FOR THE SERVICES AVAILABLE TO MEMBERS. IN THE EVENT ANY PRODUCT OR SERVICE PURCHASED OR RECEIVED BY A MEMBER IS CANCELLED, MODIFIED, DEFECTIVE, OR OTHERWISE UNSATISFACTORY TO THE MEMBER, THE MEMBER WILL LOOK SOLELY TO THE PROVIDER OF THE HEALTH SERVICE FOR ANY REPAIR, EXCHANGE, REFUND OR SATISFACTION OF CLAIM.

General Release: Each Member, for himself/herself, and on behalf of any Family Member who uses the services under the Plan or Program Membership (Membership Participant), hereby forever releases, acquits and discharges each of DISCOUNT HEALTH CARDS, LLC, its employees, officers, directors, agents and affiliates from any and all liabilities, claims, demands, actions and causes of action that such Member, Membership Participant or Members legal representative(s) may have by reason of any damage or personal injury sustained as a result of or during the course of the use of any health service. The sole recourse available to a Member, Membership Participant or Members legal representative(s) against DISCOUNT HEALTH CARDS, LLC,will be cancellation of the Program Membership.

Disclosures:

Discount Health Cards, LLC is located at 25 Health Sciences Drive, Suite 301, Stony Brook, NY 11790

THIS PLAN IS NOT INSURANCE. THIS IS NOT A MEDICARE PRESCRIPTION DRUG PLAN.* This plan does not meet the minimum creditable coverage requirements under M.G.L. c. 111M and 956 CMR 5.00. The plan provides discounts at certain health care providers for medical services. The range of discounts will vary depending on the type of provider and service. The plan does not make payments directly to the providers of medical services. Plan members are obligated to pay for all health care services but will receive a discount from those health care providers who have contracted with the discount medical plan organization. You may access a list of participating health care providers at this website. The program and its administrators have no liability for providing or guaranteeing service by providers or the quality of service rendered by providers.

© 2012 Discount Health Cards, LLC All Rights Reserved.


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